IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 9856 OF 2022
PETITIONER/S:
RANI SHAJI, AGED 35 YEARS
W/O SHAJI, PADALUNKAL HOUSE, ALADI KARA,
UPPUTHARA VILLAGE, PEERMADE TALUK, IDUKKI
DISTRICT
BY ADV BIJU .C. ABRAHAM
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 THE STATE SPECIAL OFFICER & COLLECTOR,
GOVERNMENT LAND RESUMPTION, THIRUVANANTHAPURAM-
695 001.
3 THE DISTRICT COLLECTOR,
IDUKKI DISTRICT, COLLECTORATE, IDUKKI-685 603.
4 THE TAHSILDAR,
PEERMADE TALUK, IDUKKI DISTRICT-685 538
5 THE VILLAGE OFFICER,
UPPUTHARA VILLAGE, PEERMADE TALUK, IDUKKI
DISTRICT-685 505
6 UPPUTHARA GRAMA PANCHAYAT,
UPPUTHARA P.O.IDUKKI DISTRICT-685 505,
REPRESENTED BY ITS SECRETARY
7 THE SECRETARY,
UPPUTHARA GRAMA PANCHAYAT, UPPUTHARA P.O.IDUKKI
DISTRICT-685 505
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 9856 of 2022
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 9856 of 2022
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Dated this the 9th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers: "i) To issue a writ of certiorari quashing Exts.P4 & P5 as illegal and arbitrary.
ii) To issue a writ of mandamus or any other appropriate writ or order directing the 6 th respondent to reconsider the application of the petitioner and issue building permit to the petitioner in the light of Ext.P3 judgment passed by this Hon'ble Court.
iii) Grant such other reliefs as this Hon'ble Court may deem just and proper in the interest of justice, including costs."
2. The main prayer is against Exts.P4 and P5 orders issued by the Panchayat and the Tahsildar. The grievance of the petitioner is that even though specific directions are issued by this Court in Ext.P3 judgment, Exts.P4 and P5 are issued flouting the directions of this Court. Hence, this writ petition is filed.
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3. Heard the learned counsel for the petitioner and the learned Government Pleader.
4. The counsel for the petitioner submitted that this Court considered all the aspects and delivered Ext.P3 judgment in which it is clearly stated in paragraph 8 that the Village Officer in all those cases should immediately take up the request made by the petitioners for issuance of revenue certificates like possession certificate, location sketch, ROR certificate etc., and will issue the same, to the petitioners. In such circumstances, Exts.P4 and P5 are unsustainable.
5. The learned Government Pleader, on the other hand, submitted that there is a Government Order directing all the District Collectors to file a suit against the persons, who obtain possession of the property from Peerumedu Tea company.
6. After hearing both sides, I think the stand taken by the respondents cannot be accepted. This Court considered all -4- W.P.(C). No. 9856 of 2022 the aspects and thereafter passed Ext.P3 judgment. The Government Order mentioned by the Government Pleader is also considered in Ext.P3 judgment. Moreover, subsequent to that this Court in judgment dated 08.09.2021 in WP(C) No. 16908 of 2021 also passed similar orders clarifying that the directions issued by this Court will subject to any adjudication of the title of the petitioners in a civil suit, if any, instituted by State of Kerala and its competent authorities. Such an order can be passed in this case also.
Therefore, this writ petition is allowed.
1. Exts.P4 and P5 are set aside.
2. Respondents 6 and 7 are directed to reconsider the matter and consider the application for building permit, if any submitted, in accordance to law, and in the light of the observation in Ext.P3 judgment and in the judgment dated 8.09.2021 in WP(C) No.16908 of 2021.
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3. It is clarified that the directions issued in this judgment, will be subject to any adjudication of the title of the petitioners, in a civil suit, if any instituted by the State of Kerala and its competent authorities.
4. The petitioner's application for building permit shall not be rejected for the reasons stated in Exts.P4 and P5 and should be allowed, if it is otherwise in order.
5. The petitioner will produce a copy of this writ petition together with a certified copy of this judgment before the respondents for compliance.
sd/-
P.V.KUNHIKRISHNAN JUDGE das -6- W.P.(C). No. 9856 of 2022 APPENDIX OF WP(C) 9856/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO 1094/2004 DATED 30.3.2004 OF PEERMADE SRO Exhibit P2 TRUE COPY OF THE TAX RECEIPT EVIDENCING PAYMENT OF BASIC TAX FOR THE YEAR 2021-22 Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 31.1.2019 PASSED BY THIS NHON'BLE COURT IN WPC NO 2819/2019 Exhibit P4 TRUE COPY OF THE REJECTION LETTER DATED 8.12.2022 ISSUED BY THE 6TH RESPONDENT Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY THE TAHSILDAR PEERMADE TO THE 6TH RESPONDENT