Jayaraman vs The Tahsildar
2021 Latest Caselaw 10176 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                       WP(C).No.7705 OF 2021(K)


PETITIONERS:

      1        JAYARAMAN
               AGED 71 YEARS
               S/O. SANKUNNI, EKKODE HOUSE,
               CHITHALI, KUZHALMANNAM P. O,
               PALAKKAD DISTRICT,
               PRESENTLY RESIDING AT FEDERAL FORT,
               MANAPPULLIKAVU P. O, PALAKKAD - 678 013.

      2        GIREESH
               AGED 48 YEARS
               S/O. JAYARAMAN, EKKODE HOUSE,
               CHITHALI, KUZHALMANNAM P. O,
               PALAKKAD DISTRICT,
               PRESENTLY RESIDING AT FEDERAL FORT,
               MANAPPULLIKAVU P. O, PALAKKAD - 678 013.

               BY ADV. SRI. BINOY VASUDEVAN

RESPONDENTS:

      1        THE TAHSILDAR
               ALATHUR THALUK, THALUK OFFICE,
               ALATHUR P. O,
               PALAKKAD DISTRICT - 678 706.

      2        THE VILLAGE OFFICER
               KUZHALMANNAM - I VILLAGE,
               KUZHALMANNAM P. O, PALAKKAD DISTRICT,
               PIN - 678 702.

      3        HAMEED
               S/O. SYED MUHAMMED RAWTHER,
               NIRAVAKKOTTLE, CHITHALI,
               KUZHALMANNAM P. O, PALAKKAD DISTRICT - 678 702.


               SMT. K. AMMINIKUTTY - SR. GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).No.7705 OF 2021

                                        2

                                JUDGMENT

The petitioners have filed this writ petition under Article 226

of the Constitution of India seeking a writ of mandamus

commanding the 2nd respondent to issue possession certificate to

the petitioners without reference to any cases, as expeditiously as

possible, within a time frame to be fixed by this Court. The

petitioners have also sought for a declaration that the action of the

2nd respondent in issuing possession certificate with reference to

the cases is per se illegal, irregular and arbitrary.

2. Today when this writ petition is taken up for admission,

the learned counsel for the petitioners would submit that the 2 nd

respondent Village Officer has already rejected Ext.P5

representation dated 12.03.2021 made by the petitioners for

possession certificate. Therefore, without prejudice to the right of

the petitioners to challenge that order in appropriate proceedings,

this writ petition may be dismissed as withdrawn.

Recording the above submission made by the learned counsel

for the petitioners, this writ petition is dismissed as withdrawn,

without prejudice to the aforesaid right of the petitioners.

Sd/-

ANIL K. NARENDRAN JUDGE SPR W.P(C).No.7705 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMMON JUDGMENT DATED 23.12.2015 IN R.FA. NOS. 668/2013, 26/2014 AND F.A.O NO.321/2013.

EXHIBIT P2 TRUE COPY OF THE COMMON JUDGMENT DATED 31.10.2016 IN OS NO. 374/2003, 456/2008, 558/2009 AND 552/2010 ON THE FILE OF THE COURT OF THE ADDITIONAL SUBORDINATE JUDGES COURT, PALAKKAD.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 18.11.2020 IN WP(C) NO.25281 OF 2020.

EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 16.02.2021 ISSUED IN FAVOUR OF THE 1ST PETITIONER WITH NO.137/2021.

EXHIBIT P4(a) TRUE COPY OF THE POSSESSION CERTIFICATE DATED 16.02.2021 ISSUED IN FAVOUR OF THE 2ND PETITIONER WITH NO.138/2021.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 12.03.2021.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 12.03.2021.

RESPONDENT'S/S EXHIBITS: NIL.