Chackochan vs The State Of Kerala
2021 Latest Caselaw 12192 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

 FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                  WP(C).No.23393 OF 2020(Y)


PETITIONER/S:

             CHACKOCHAN
             AGED 75 YEARS
             S/O. MATHEW, KOCHUPARAMBIL HOUSE, UPPUTHARA
             P.O, PIN-685 505, IDUKKI DISTRICT.

             BY ADV. SRI.BIJU .C. ABRAHAM

RESPONDENT/S:

     1       THE STATE OF KERALA
             REPRESENTED BY THE CHIEF SECRETARY,
             THIRUVANANTHAPURAM-695 001

     2       THE VILLAGE OFFICER,
             UPPUTHARA , UPPUTHARA VILLAGE, IDUKKI
             DISTRICT-685 505

            BY SMT.VINEETHA    B., GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.04.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.23393/2020

                               ..2..



               P.V.KUNHIKRISHNAN, J.
     -----------------------------------------
              WP(C) No. 23393 of 2020
     -----------------------------------------
       Dated this the 23rd day of April, 2021



                             JUDGMENT

The above writ petition is filed with the

following prayers;

"A) A writ of certiorari quashing Exhibit P4 and P5 by holding that the same is illegal and improper

B) A writ of mandamus or any other appropriate writ, order or direction commanding the respondents to allow Exhibit P3 application and issue possession certificate, location certificate and ROR certificate to the petitioner along with the location sketch.

C) A writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent not to make any remarks in the tax receipt of the petitioner based on Exhibit P5 G.O.

D) Any other appropriate writ, order or directions as this Hon'ble Court deem fit on the fact and circumstances of the case and allow this petition with cost."

2. When the matter came up for consideration, the

learned counsel for the petitioner submitted WP(C) No.23393/2020

..3..

that the point is covered by Ext.P7 judgment

of this Court. The Government Pleader also

submitted that Ext.P7 is passed in a similar

situation. Therefore, I think, the writ

petition can be allowed.

Accordingly, this writ petition is allowed.

Exts.P4 and P5 are quashed. The respondents

are directed to allow Ext.P3 application and

issue possession certificate, location

certificate and ROR certificate to the

petitioner along with the location sketch as

expeditiously as possible, at any rate,

within six weeks from the date of receipt of a

copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE Bka/23.04.2021 WP(C) No.23393/2020

..4..

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE DOCUMENT NO.

895/1987 OF THE SUB REGISTRAR OFFICE OF PEERMADE.

EXHIBIT P2 A TRUE COPY OF THE LAND TAX DATED 14.08.2020 IN FAVOUR OF THE PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER DATED 20.10.2020

EXHIBIT P4 A TRUE COPY OF THE REPLY OF THE SECOND RESPONDENT DATED 20.10.2020.

EXHIBIT P5 A TRUE COPY OF THE G.O NO. 172/2019 DATED 06.06.2019.

EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 7.11.2018 IN W.P.(C) NO. 40002 OF 2016 OF THIS HON'BLE COURT.

EXHIBIT P7 A TRUE COPY OF THE JUDGEMENT IN W.P.CNO. 15656/2020 DATED 22.09.2020 THIS HON'BLE COURT.