M.M.Abdul Kareem vs District Collector
2021 Latest Caselaw 10550 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                       WP(C).No.6118 OF 2021(L)


PETITIONER:

               M.M.ABDUL KAREEM
               AGED 65 YEARS
               S/O. LATE MOIDU, MANIYATTUKUDI HOUSE,
               NELLIKUZHI P.O, KOTHAMANGALAM VIA,
               ERNAKULAM DISTRICT.

               BY ADVS.
               SRI.BABU JOSEPH KURUVATHAZHA
               SRI.M.G.SREEJITH
               SMT.K.S.ARCHANA

RESPONDENTS:

      1        DISTRICT COLLECTOR
               COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM,
               KOCHI-682 030

      2        GEOLOGIST,
               MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE,
               CIVIL STATION, KAKKANAD, ERNAKULAM, KOCHI-682 030

      3        TAHSILDAR,
               TALUK OFFICE, KOTHAMANGALAM, ERNAKULAM DISTRICT,
               PIN-686 691

      4        VILLAGE OFFICER,
               ERAMALLUR VILLAGE, KOTHAMANGALAM VIA,
               ERNAKULAM DISTRICT, PIN-686 691

      5        M.M. SHAMSUDEEN,
               S/O. MUHAMMED, MUTHUVASSERY HOUSE, PANICHAYAM,
               NEDUNGAPARA P.O, PERUMBAVOOR, ERNAKULAM DISTRICT,
               PIN-683 545

               BY GOVT. PLEADER SRI.RAVIKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
           ==================
                W. P. (C) No.6118 of 2021
           ==================
           Dated this the 29th day of March, 2021

                        JUDGMENT

The property of the petitioner in Sy. No.465/9

Pt. is under attachment towards royalty dues, as is

evidenced by Ext.P10. When the petitioner sought

for issuance of possession and non-attachment

certificate in respect of his properties in other

Survey numbers namely Sy. 440, 441, 442 and 443, a

certificate was issued, but with a note at the

bottom portion of the certificate that there is

revenue recovery proceeding pending against him and

also mentioned the file number in which the order

of attachment referred to supra has been passed.

2. It is not in dispute that no proceedings are

pending in respect of the properties in respect of

which possession and non-attachment certificate has

been applied for.

3. Under such circumstances, it is directed

that possession and non-attachment certificate be W. P. (C) No.6118 of 2021 :- 2 :-

issued to the petitioner in respect of his property

in Sy Nos.440, 441, 442 and 443, if no attachment/

recovery proceedings are pending against the said

properties.

The writ petition is disposed of as above.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.6118 OF 2021(L)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REPORT DATED 10.12.2013 SUBMITTED BY THE 3RD RESPONDENT TO THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA.

EXHIBIT P2 TRUE COPY OF THE PROCEEDING DATED 2.5.2014 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 19.8.2014 IN W.P.C NO. 21523/2014.

EXHIBIT P4 TRUE COPY OF THE PROCEEDING DATED 13.11.2014 OF THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 1.1.2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REVENUE RECOVERY PROCEEDING DATED 27.1.2015 ISSUED BY THE 3RD RESPONDENT .

EXHIBIT P7 TRUE COPY OF THE PROCEEDING NO. 830/15 DATED 25.3.2015 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 26.6.2015 IN W.P.C NO. 11317/2015 OF THIS HON'BLE COURT.

EXHIBIT P8A TRUE COPY OF THE ORDER DATED 5.8.2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 7.10.2015 IN W.P.C NO. 30322/2015.

EXHIBIT P10 TRUE COPY OF THE ORDER NO. B1-830/15 DATED 11.11.2015 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 18.11.2015 IN W.P.C NO. 24698/2015.

EXHIBIT P11A TRUE COPY OF THE ORDER OF THIS HON'BLE COUR DATED 9.6.2016 IN W.P.C NO. 34698/2015.

EXHIBIT P12 TRUE COPY OF THE LAND TAX RECEIPT DATED 8.10.2020 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE LAND TAX RECEIPT DATED 6.10.2020 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P13A TRUE COPY OF THE POSSESSION AND NON ATTACHMENT CERTIFICATE NO. 735/26 DATED 18.11.2020 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DATED 27.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED 4.1.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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