M.K.Sreenivasan vs The District Collector
2021 Latest Caselaw 20756 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                       WP(C) NO. 19361 OF 2021
PETITIONERS:

    1     M.K.SREENIVASAN, AGED 64 YEARS,
          S/O. LATE KRISHNAN, MANJADIYIL HOUSE, UPPUTHARA P.O.,
          IDUKKI DISTRICT, PIN-685505.

    2     M.K.BALACHANDRAN, AGED 54 YEARS,
          S/O. LATE KRISHNAN, MANJADIYIL HOUSE, UPPUTHARA P.O.,
          IDUKKI DISTRICT, PIN-685505.

    3     OMANA, AGED 58 YEARS, W/O. SOMAN, KUMBUKKAL HOUSE,
          KATTAKALA, PACHADY, IDUKKI DISTRICT, PIN-685505.

          BY ADVS.T.A.UNNIKRISHNAN
          K.K.AKHIL



RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          IDUKKI, COLLECTORATE, PAINAVU, IDUKKI, PIN-685603.

    2     THE TAHSILDAR,
          PEERMADE, TALUK OFFICE, PEERMADE, IDUKKI, PIN-685531.

    3     THE VILLAGE OFFICER, UPPUTHARA, VILLAGE OFFICE,
          UPPUTHARA, IDUKKI, PIN-685505.

          BY ADV.SMT. K AMMINIKUTTY - SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19361 OF 2021
                               -2-

                            JUDGMENT

When this matter was called today, the learned

counsel for the petitioner relied on Ext.P4

judgment, dated 06.11.2020 in W.P.(C)No.19377 of

2020, saying that the issues impelled in this writ

petition have been answered in favour of his

client in the said judgment.

2. The learned Senior Government Pleader -

Smt.K.Amminikutty, affirmed the above and conceded

that this writ petition be allowed; however,

praying that it be made clear that the directions

in the aforementioned judgment will be subject to

the adjudication of the title in civil suit, if

any, instituted by the State.

3. I have examined Ext.P4 judgment and have

no doubt, as rightly stated by the learned counsel

for the petitioner, that the issues in this case

have been answered in favour of the petitioner. WP(C) NO. 19361 OF 2021

In the afore circumstances, I allow this writ

petition and direct the competent among the

respondents to issue necessary revenue

certificates to the petitioner, such as location

sketch, ROR Certificate, Possession Certificate

and 'Nijasthithi' Certificate with respect to the

property covered by Ext.P1, on him making

appropriate applications for the same and

remitting the requisite fee, without making any

adverse endorsements thereon.

I, however, make it very clear that if the

State is to file any civil suit with respect to

the title of the property, the afore directions

will be subject to the result of such proceedings.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 19361 OF 2021

APPENDIX OF WP(C) 19361/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PARTITION DEED NO.977/2017 OF SUB REGISTRAR OFFICE, PEERMADE.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 18.3.2019 IN WP(C) NO.7641/2017 OF THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 14.2.2020 IN WP(C) NO.4170/2020 OF THIS HON'BLE COURT.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 6.11.2020 IN WP(C) NO.19377/2020 OF THIS HON'BLE COURT.

EXHIBIT P5 TRUE COPY OF THE TAX RECEIPT DATED 8.4.2021 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER.

RESPONDENT'S/S EXHIBITS : NIL.

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