Pais Joseph vs State Of Kerala
2021 Latest Caselaw 23185 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
                       WP(C) NO. 26357 OF 2021
PETITIONER:

          PAIS JOSEPH, AGED 55 YEARS,
          S/O.JOSEPH,PUTHIYATHU HOUSE, UPPUTHARA P.O.,
          UPPUTHARA VILLAGE, PEERAMADE TALUK,
          IDUKKI DISTRICT-685505.

          BY ADV BIJU .C. ABRAHAM



RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
          REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     THE STATE SPECIAL OFFICER & COLLECTOR,
          GOVERNMENT LAND RESUMPTION, THIRUVANANTHAPURAM-695001.

    3     THE DISTRICT COLLECTOR,
          IDUKKI DISTRICT, COLLECTORATE, IDUKKI-685603.

    4     THE TAHSILDAR, PEERMADE TALUK, IDUKKI DISTRICT-685538.

    5     THE VILLAGE OFFICER, UPPUTHARA VILLAGE,
          PEERMADE TALUK, IDUKKI DISTRICT-685505.

          BY ADAV.SMT.K.AMMINIKKUTTY, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26357 OF 2021
                              -2-

                           JUDGMENT

When this matter was called today, it was

conceded by the learned Senior Government Pleader

- Smt.K.Amminikutty, that the issues projected by

the petitioner in this writ petition have already

been answered in his favour by a learned Judge of

this Court in the judgment dated 18.03.2021 in

W.P.(C)No.25805 of 2020.

2. In the afore circumstances, I am certain

that petitioner in this writ petition is also

entitled to the same relief, as has been granted

by this Court to the petitioners in W.P(C)No.25805

of 2020.

In the afore circumstances, being guided by

the afore judgment, I allow this writ petition,

directing the competent respondent to consider the

request made by the petitioner for issuance of

documents like possession certificate, location WP(C) NO. 26357 OF 2021

sketch, ROR certificate and such other - with

respect to the property covered by Ext.P1 - and to

issue the same to him.

It is further ordered that the tax receipts

and other documents to be issued to the petitioner

shall not carry any adverse endorsement; however,

clarifying that the directions issued in this

judgment will be subject to any adjudication of

the title of the petitioner in a civil suit, if

any, instituted by the State of Kerala and its

competent Authorities.

Needless to say, in view of my afore

directions, the endorsement in Ext.P2 tax receipt

shall be effaced by the competent Authority; or a

fresh certificate shall be issued without it, at

the earliest.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 26357 OF 2021

APPENDIX OF WP(C) 26357/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.927/08 DATED 25.2.2008 OF PEERMADE SRO.

EXHIBIT P1(A) TRUE COPY OF THE WILL BEARING NO.53.

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 18.10.2021.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 18.10.2021 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO.GLR(LR) 210/15/PER-TCO DATED 12.8.2016 OF THE SPECIAL OFFICER & COLLECTOR.

EXHIBIT P4(A) TRUE COPY OF THE GO NO.172/2019 ISSUED BY THE 1ST RESPONDENT ON 6.6.2019.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 7.11.2018 PASSED BY THIS HON'BLE COURT IN WP(C) NO.40002/2016 AND CONNECTED CASES.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 18.2.2019 PASSED BY THIS HON'BLE COURT IN WP(C) NO.4647/2019.

EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 8.9.2021 IN WP(C) NO.16908/2021.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE