Thankachan M.S vs The Tahsildar
2021 Latest Caselaw 13012 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
            THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 17TH DAY OF JUNE 2021 / 27TH JYAISHTA, 1943
                   WP(C) NO. 7614 OF 2021
PETITIONER/S:

          THANKACHAN M.S.
          AGED 60 YEARS
          S/O. SEBASTIAN, MATHALIKUNNEL HOUSE, KOMBARA
          BAZAAR P.O., KOODARANHI, KOZHIKKODE DISTRICT
          BY ADV BABU S. NAIR

RESPONDENT/S:

    1     THE TAHSILDAR
          THAMARASSERY TALUK, THAMARASSERY P.O.,
          KOZHIKODE DISTRICT,PIN-673 573
    2     THE VILLAGE OFFICER,
          KOODARANHI VILLAGE, KOODARANHI P.O., KOZHIKODE
          DISTRICT,PIN-673 603
          BY ADV GOVERNMENT PLEADER

OTHER PRESENT:

          GP VINITHA B.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.7614 of 2021

                                      -2-



                                JUDGMENT

Dated this the 17th day of June, 2021

The petitioner had submitted an application

for obtaining possession certificate, location

sketch and plan pertaining to 0.8710 Hectors of

un-surveyed land in his possession. The

application stands rejected by Ext.P7. The

rejection is on the premise that the documents

are sought for conducting a quarry and there are

complaints with regard to the property in which

the quarry is proposed to be conducted.

2. I am of the firm opinion that the

Village Officer has no authority to reject

applications for possession certificate and

location sketch based on the purpose for which

the property may be put to use. If the

application is in order and the petitioner is

found to be in legitimate possession of the W.P.(C) No.7614 of 2021

property, the Village Officer is duty bound to

issue copies of the documents.

In the result, Ext.P7 is set aside and the

second respondent is directed to consider the

petitioner's application afresh and take a

decision thereon within an outer limit of two

weeks from the date of receipt of a copy of this

judgment.

The writ petition is disposed of accordingly.

Sd/-

V.G.ARUN JUDGE

Scl/17.06.2021 W.P.(C) No.7614 of 2021

APPENDIX OF WP(C) 7614/2021

PETITIONER ANNEXURE EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED IN THE NAME OF THE PETITIONER DATED 4.11.2019 EXHIBIT P2 TRUE COPY OF THE MINING PERMIT ISSUED TO THE PETITIONER BY DISTRICT GEOLOGIST, KOZHIKODE DT 14.3.2018 EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT, DATED 7.3.2017 EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED, 7.3.2017 AS NO./17(2-1) EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 7.3.2017 AS NO.2/17(2-2) EXHIBIT P6 TRUE COPY OF THE LOCATION SKETCH AND PLAN ISSUED BY THE VILLAGE OFFICER, KOODANAHI DT NIL EXHIBIT P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE VILLAGE OFFICER TO THE PETITIONER DT 4.2.21 AS NO.61/2021 EXHIBIT P8 TRUE COPY OF THE ORDER IN C.M.P.NO.485/2018 IN CC NO.1904/2015 OF THE J.F.C.M-II, THAMARASSERY, DATED 21.2.2018