Citation : 2022 Latest Caselaw 4820 Ker
Judgement Date : 29 April, 2022
WP(C) No.13132/2022 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Friday, the 29th day of April 2022 / 9th Vaisakha, 1944
WP(C) NO. 13132 OF 2022(N)
PETITIONER:
LIJO ABRAHAM, AGED 47 YEARS, S/O SUNNY ABRAHAM, MECHERIL HOUSE, UPPUTHARA
P O, NOW RESIDING AT MANGAF, BLOCK 03,FLOOR 6, FLAT 23, REPRESENTED BY
HIS POWER OF ATTORNEY HOLDER SUNNY ABRAHAM, AGED 69 UEARS,. S/O ABRAHAM,
MECHERIL HOUSE, UPPUTHARA, UPPUTHARA P O, IDUKKI DISTRICT.
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAMP-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.
Writ petition (civil) praying inter alia that in the circumstances stated
in the affidavit filed along with the WP(C) the High Court be pleased to pass
an interim order directing the 5th respondent to issue all revenue certificates
such as Location Sketch, ROR, Possession Certificate, Genuinity Certificate
etc. with respect to the property covered by Exhibits P1 forthwith, pending
final disposal of this writ petition.
This petition coming on for orders upon perusing the petition and the
affidavit filed in support of WP(C) and upon hearing the arguments of M/s. BIJU
.C. ABRAHAM and THOMAS C.ABRAHAM, Advocates for the petitioner and of
GOVERNMENT PLEADER for R1 to R5, the court passed the following:
ORDER
Government Pleader takes notice for R1 to R5.
In view of Exhibits P5 to P7, there will be an interim direction as prayed for. Needless to say that, the issuance of the above certificate will however be subject to the observation contained in Exhibits P5 to P7 including the right of the Government to issue appropriate civil proceedings, in which event directions in this order will be subject to such orders to be passed by the civil court.
29.04.2022 Sd/- MOHAMMED NIAS C.P., JUDGE
/True copy/
ASSISTANT REGISTRAR
WP(C) No.13132/2022 2/2
Exhibit P1:- TRUE COPY OF THE SALE DEED NO.2496/200 DATED 18.07.2008 OF PEERMADE SRO OF THE SRO OF THE PETITIONER
Exhibit P5:- TRUE COPY OF THE JUDGMENT DATED 7.11.2018 PASSED BY THIS HON'BLE COURT IN WPC NO.40002/2016 AND CONNECTED CASES.
Exhibit P6:- TRUE COPY OF THE JUDGMENT DATED 18.02.2019 PASSED BY THIS HON'BLE COURT IN WPC NO.4647/2019.
Exhibit P7:- TRUE COPY OF THE JUDGMENT DATED 8/9/2021 IN WPC NO.16908/2021 PASSED BY THIS HON'BLE COURT.
29-04-2022 /True Copy/ Assistant Registrar
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