C.M.Paul vs The State Of Kerala
2022 Latest Caselaw 3191 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                    WP(C) NO. 9295 OF 2022
PETITIONERS:

    1     C.M.PAUL,
          AGED 70 YEARS
          S/O.MATHEW, CHIRAPPARA HOUSE, UPPUTHARA P.O., IDUKKI
          DISTRICT.

    2     SHEEA PAUL,
          AGED 57 YEARS
          W/O.C.M.PAUL, CHIRAPPARA HOUSE, UPPUTHARA P.O.,
          IDUKKI DISTRICT.

          BY ADV BIJU .C. ABRAHAM



RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
          REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

    2     THE STATE SPECIAL OFFICER & COLLECTOR,
          GOVERNMENT LAND RESUMPTION,
          THIRUVANANTHAPURAM-695 001.

    3     THE DISTRICT COLLECTOR, IDUKKI DISTRICT,
          COLLECTORATE, IDUKKI-685 603.

    4     THE TAHSILDAR, PEERMADE TALUK,
          IDUKKI DISTRICT-685 538.

    5     THE VILLAGE OFFICER, UPPUTHARA VILLAGE,
          PEERMADE TALUK, IDUKKI DISTRICT-685 505.

          SMT.K. AMMINIKUTTY SR,G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9295 OF 2022              2

                             JUDGMENT

When this matter was called today, it was not

disputed by the learned Senior Government Pleader

Smt.K.Amminikutty, even though a specific question

was put to her, 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 W.P(C)No.25805 of 2020, which is evident

from 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.

Resultantly, being guided by Ext.P7, I order

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 Exts.P1 to P1(e) - 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 or to be instituted by the State of Kerala

and its competent Authorities.

Needless to say, in view of my afore directions,

the endorsement in Exts.P2 and 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/18.3

APPENDIX OF WP(C) 9295/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO.2220/1/06 DATED04.08.2006 OF PEERMADE SRO OF THE 1ST PETITIONER.

Exhibit P1 (a) TRUE COPY OF THE SALE DEED NO.582/1/2000 DATED 28.02.2000 OF PEERMADE SRO OF THE 2ND PETITIONER.

Exhibit P1 (b) TRUE COPY OF THE SALE DEED NO.883/1970 DATED 29.07.1970.

Exhibit P1 (c) TRUE COPY OF THE SALE DEED NO.1241/1/98 DATED 04/5.98.

Exhibit P1 (d) TRUE COPY O THE SALE DEED BEARING NO.1553/1/05 DATED 31.03.2005.

Exhibit P1 (e) TRUE COPY OF THE SALE DEED NO.2162/1/97 DATED 31.07.1997.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 09.12.2021 WITH RESPECT TO 1ST PETITIONER.

Exhibit P2 (a) TRUE COPY OF THE TAX RECEIPT DATED 09.12.2021 WITH RESPECT TO 2ND PETITIONER.

Exhibit P3 TRUE COPY OF THE LETTER DATED 12.01.2022 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER.

Exhibit P3 A TRUE COPY OF THE LETTER DATED 1201.2022 ISSUED BY THE 5TH RESPONDENT TO THE 2ND PETITIONER.

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(MS) NO.172/2019/REV ISSUED BY THE 1ST RESPONDENT ON

6.06.2019.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 07.11.2018 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 JUDGMENT DATED 08.09.2021 IN WOPC NO.16908/2021 PASSED BY THIS HON'BLE COURT.