Thomas vs State Of Kerala
2021 Latest Caselaw 18578 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                   WP(C) NO. 16908 OF 2021
PETITIONERS:

    1     THOMAS
          AGED 63 YEARS
          S/O. THOMAS, METHRANPARAMBIL HOUSE, UPPATHARA
          P.O, IDUKKI DISTRICT,

    2     ANSAMMA THOMAS
          AGED 59 YEARS
          W/O. THOMAS, METHRANPARAMBIL HOUSE, UPPATHARA
          P.O, IDUKKI DISTRICT,

          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.

          SHRI.ASWIN SETHUMADHAVAN - SR. GP

     THIS WRIT PETITION     (CIVIL) HAVING     COME UP      FOR
ADMISSION ON 08.09.2021,    THE COURT ON      THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 16908 OF 2021                2

                                JUDGMENT

When this matter was called today, it was

conceded by the learned Senior Government Pleader,

Shri.Aswin Sethumadhavan, that the issues projected

by the petitioners in this writ petition have

already been answered in their favour by a learned

Judge of this Court in Ext.P7 judgment.

2. In the afore circumstances, I am certain that

petitioners are also entitled to the same relief, as

has been granted by this Court to the petitioners in

W.P(C)No.25805 of 2020, from which Ext.P7 judgment

has emanated.

In the afore circumstances, being guided by

Ext.P7, I allow this writ petition, directing the

competent respondent to consider the request made by

the petitioners for issuance of documents like

possession certificate, location sketch, ROR

certificate and such other - with respect to the

properties covered by Ext.P1 and Ext.P1(a) - and to

issue the same to them.

It is further ordered that the tax receipts and

other documents to be issued to the petitioners

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 petitioners 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 and Ext.P2(a) tax receipts

shall be effaced by the competent Authority; or a

fresh certificate shall be issued without it, at the

earliest.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/22.9

APPENDIX OF WP(C) 16908/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO. 346/96 DATED 25.01.1996 OF PEERMADE SRO.

Exhibit P1(a) TRUE COPY OF THE SALE DEED NO. 345/96 DATED 25.01.1996 OF PEERMADE SRO.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 20.05.2020 OF THE 1ST PETITIONER.

Exhibit P2(a) TRUE COPY OF THE TAX RECEIPT DATED 20.05.2020 OF THE 2ND PETITIONER.

Exhibit P3 TRUE COPY OF THE LETTER DATED 10.08.2021.

Exhibit P3(a) TRUE COPY OF THE LETTER DATED 10.08.2021.

Exhibit P4 TRUE COPY OF THE PROCEEDINGS NO. GLR(LR) 210/15/PER-TCO DATED 12.08.2016 OF THE SPECIAL OFFICER & COLLECTOR.

Exhibit P4(a) TRUE COPY OF THE GO NO.172/2019 ISSUED BY THE 1ST RESPONDENT ON 06.06.2019.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 7.11.2018 PASSED BY THIS HON'BLE COURT IN WP(C) NO.40002/2019 AND CONNECTED CASES.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 18.02.2019 PASSED BY THIS HON'BLE COURT IN WP(C) NO.4647/2019.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 18.03.2021 IN WP(C) NOS. 25805/2020(A).