Sadik A.T vs The Village Officer
2021 Latest Caselaw 21402 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                         WP(C) NO. 22907 OF 2021
PETITIONERS:

     1        SADIK A.T
              AGED 30 YEARS
              S/O. SIDDIQUE, AMBAYATHODU, KEDAVOOR, THAMARASSERRY,
              KOZHIKODE.

     2        REHIM
              S/O. ABOOBACKAR, THATTANCHERRY, VELIMANNA, RAROTH,
              THAMARASSERY, KOZHIKODE.

     3        UNNIMOYI
              S/O. ABOOBACKAR, CHOLAKKARA, VELIMANNA, RAROTH,
              THAMARASSERY, KOZHIKODE.

     4        SALAM
              S/O. ATHRIMAN, MAVULLAKANDI, KEDAVOOR, THAMARASSERRY,
              KOZHIKODE.

     5        SAJID
              S/O. ABDUL JABBAR, CHOONDIKKATT POUIL, KANTHAPURAM,
              UNNJIKULAM, THAMARASSERY, KOZHIKODE.

     6        ELDO
              S/O. MATHEW, KANIYATTIL, SULTHAN BATHERI, WAYANAD.

     7        MOHAMMED C.
              S/O. ABOOBACKAR, CHOLAKKARA, VELIMANNA, RAROTH,
              THAMARASSERY, KOZHIKODE.

     8        SHABEER V.K.
              S/O. ABDUL KHADER, VARUVINKALAYIL, PANAKKODE, VAVAD,
              THAMARASSERRY, KOZHIKODE.

     9        MUHAMMED KOYA
              S/O. MOIDEEN, AMBAYATHODU, KEDAVOOR THAMARASSERRY,
              KOZHIKODE.
 WP(C) NO. 22907 OF 2021             2



             BY ADVS.
             PHILIP J.VETTICKATTU
             SAJITHA GEORGE



RESPONDENTS:

      1      THE VILLAGE OFFICER
             RAROTH VILLAGE, RAROTH, THAMARASSERY, KOZHIKODE.

      2      THE TAHSILDAR
             THAMARASSERRY TALUK, KOZHIKODE.


OTHER PRESENT:

             SRI.APPU.P.S-GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22907 OF 2021                   3




                                    JUDGMENT

This writ petition is filed challenging Ext.P3 and seeking

direction to the 1st respondent to issue possession certificate, non-

assignment certificate, demarcation certificate and village sketch/plan

in respect of the properties in their possession and ownership

forthwith.

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. It is submitted that the petitioners jointly own an extent of

1.4164 hectares of land in Re.Sy No.93/2, 93/6 and 93/7 of Raroth

Village, Thamarasserry Taluk, Kozhikode District. It is submitted that

petitioners have jointly purchased the land by Ext.P1 document and

have been paying the basic tax in respect of the same.

4. When an application was submitted for the certificates as

mentioned above, Ext.P3 communication was issued by the Village

Officer stating that since, the petitioners intend to use the property for

quarrying operations and that the property had been granted

exemption under Section 81 of the Kerala Land Reforms Act, the

property cannot be put to other use and that therefore, the application

submitted by the petitioners cannot be considered.

5. The learned counsel for the petitioners submit that the

petitioners' application is only for possession certificates and allied

documents in respect of the property and that in view of the fact that

the petitioners are admittedly in possession of the property, the 1 st

respondent is not justified in issuing a communication in nature of

Ext.P3 and that the question of the usage of the property will arise

only when due applications are made for the said purpose. The

learned counsel also places reliance on Ext.P4 judgment of this court

where this court had specifically held that the Village Officer has no

authority to reject the applications for possession certificate and

location sketch based on the purpose for which the property may be

put to use.

6. Having heard the learned Government Pleader also, I am

of the opinion that the applications submitted by the petitioners being

for possession certificate, location sketch, demarcation certificate and

non-assignment certificate, the said application is liable to be

considered and if the application is in order, the certificates and

sketches are liable to be issued to the petitioners.

In the result, Ext P3 is set aside. There will be a direction to the

1st respondent to take up Ext.P2(a) application submitted by the

petitioners and to consider and issue possession certificate, Village

sketch and plan, Demarcation certificate and non-assignment

certificate, if the applications are otherwise is in order. Appropriate

steps shall be taken for issuance of the certificate which are liable to

be granted to the petitioners, within a period of three weeks from the

date of receipt of a copy of the judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

ska

APPENDIX OF WP(C) 22907/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JENMOM SALE DEED EXECUTED ON 28.1.2019 BEARING NO.264/2019.

Exhibit P2 TRUE COPY OF LAND TAX RECEIPT DATED 31.8.2021 SHOWING REMITTANCE OF LAND TAX.

Exhibit P2(A) TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER DATED 17.8.2021 FOR ISSUANCE OF POSSESSION CERTIFICATE, NON-ASSIGNMENT CERTIFICATE, DEMARCATION CERTIFICATE, VILLAGE SKETCH AND PLAN.

Exhibit P3 TRUE COPY OF PROCEEDING DATED 26.8.2021 ISSUED BY THE IST RESPONDENT REJECTION EXT.P2(A) APPLICATION.

Exhibit P4 TRUE COPY DECISION REPORTED AS 2021(4) KLT