Punnan Philip P vs State Of Kerala
2023 Latest Caselaw 8415 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                        WP(C) NO. 24205 OF 2023
PETITIONER/S:

    1       PUNNAN PHILIP P, AGED 46 YEARS
            S/O.PHILIP MATHEW, 32/2324, PUSHPAMANGALAM, CIVIL LANE
            ROAD, PALARIVATTOM P.O., KANAYANNURTALUK, ERNAKULAM,
            PIN - 682019
    2       DENNY PHILIP P, AGED 57 YEARS
            S/O.PHILIP MATHEW, HOUSE NO.29/17A, PUSHPAMANGALAM
            HOUSE, 2ND LANE, TOC-H SCHOOL ROAD, POONITHURA VILLAGE,
            ERNAKULAM, PIN - 682019
            BY ADVS.
            AJITH VISWANATHAN
            SHIBU JOSEPH
            SAYED MANSOOR BAFAKHY THANGAL
            HAIRA
            P.VISWANATHAN (SR.)


RESPONDENT/S:

    1       STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE
            GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001
    2       THE DISTRICT COLLECTOR
            ERNAKULAM, COLLECTORATE, KAKKANAD, ERNAKULAM, PIN -
            682030
    3       THE SUPERINTENDENT OF SURVEY AND LAND RECORDS
            RE-SURVEY SUPERINTENDENT OFFICE, MINI CIVIL STATION,
            PIRAVOM ROAD, ERNAKULAM,, PIN - 686664
    4       THE TAHSILDAR
            KANAYANNUR, TALUK OFFICE, ERNAKULAM,, PIN - 682011
    5       THE VILLAGE OFFICER
            EDAPPALLY NORTH VILLAGE OFFICE, PONEKKARA ROAD,
            PONEKKARA, ERNAKULAM, PIN - 682024
    6       THE TAHSILDAR (LR)
            KANAYANNUR TALUK OFFICE, ERNAKULAM,, PIN - 682011


            SMT. PREETHA K K(SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24205 OF 2023               2



                               JUDGMENT

The 1st petitioner purchased an extent of 7.29 Ares through

Ext.P1 sale deed No.6256 of 1993 of Edappally S.R.O. Thereafter,

he executed Ext.P3 gift deed, in favour of the 2 nd petitioner, for an

extent of 3.65 Ares in the year 2011. Petitioners together, were

therefore, paying land tax in respect of a total extent of 7.29 Ares

as is evident from Exts.P6 and P7.

2. Learned counsel appearing for the petitioner submits

that, on 12.12.2022,petitioners were informed that the actual

extent of property in their ownership and enjoyment has been

reduced, owing to resurvey proceedings and that the 1 st petitioner

holds only 3.23 Ares and the 2 nd petitioner holds only 3.25 Ares,

making the total holding of the petitioners 6.48 Ares, instead of

the 7.29 Ares mentioned in Ext.P1 document and in Exts.P6 and

P7. It is submitted that the petitioners have filed O.S. No.456 of

2023 before the Munsiff's Court, Ernakulam in respect of the

reduction in their extent of holding and that suit is pending. The

petitioners have approached this Court, being aggrieved by the

fact that no possession certificate is being issued even in respect

of the reduced extent of 6.48 Ares (3.23 Ares belonging to the 1 st

petitioner and 3.26 Ares belonging to the 2 nd petitioner). It is

submitted that the petitioners are clearly entitled to a possession

certificate atleast in respect of the reduced extent.

3. Learned Government Pleader seeks further time to get

instructions. However, considering the facts as recorded above, I

am of the view that this writ petition need not be adjourned to

enable the Government Pleader to obtain instructions.

4. The pleadings in the writ petition and the submissions

of the learned counsel appearing for the petitioners clearly

indicate that the 1st petitioner had originally purchased the land,

(stated to have an extent of 7.29 Ares, out of which he gifted 3.65

Ares to the 2nd petitioner) through Ext.P1. In the year 2022, they

were informed that their total holding is only 6.48 Ares. They have

preferred O.S. NO.456 of 2023 before the Munsiff's Court,

Ernakulam regarding the said reduction. However, the fact that

the said suit is pending need not prevent the authorities from

issuing a possession certificate in respect of the reduced extent .

5. Therefore, the writ petition will stand allowed. The

competent among the respondents is directed to ensure that a

possession certificate is issued to the petitioners in respect of their

respective holdings and in respect of the reduced extent, as

indicated above, without in any manner being affected by the fact

that O.S. No.456 of 2023 is pending adjudication before the

Munsiff's Court, Ernakulam. The needful shall be done, within a

period of one month from the date of receipt of a certified copy of

this judgment.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 24205/2023

PETITIONER EXHIBITS Exhibit P 1 TRUE PHOTOSTAT COPY OF THE SALE DEED NO.6256 OF 1993, OF EDAPPALLYSUBREGISTRY DATED 21-12-

Exhibit P 2 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT DATED 14-08-2006 BEARING NO.5401752 ISSUED TO THE 1ST PETITIONER Exhibit P 3 TRUE PHOTOSTAT COPY OF THE GIFT DEED NO.3939 OF 2011,OF EDAPPALLY SUB REGISTRY DATED 14- 11-2011 Exhibit P 4 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT DATED 18-01-2017 BEARING NO.6124057 ISSUED TO THE 1ST PETITIONER Exhibit P 5 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT DATED 18-01-2017 BEARING NO.6124056 ISSUED TO THE 2ND PETITIONER Exhibit P 6 T RUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT DATED 08-04-2021, BEARING NO.KL07022502431/2021 ISSUED TO THE 1ST PETITIONER Exhibit P 7 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT DATED 08-04-2021 BEARING NO.KL07022502429/2021 ISSUED TO THE 2ND PETITIONER Exhibit P 8 TRUE PHOTOSTAT COPY OF THE PLAINT IN O.S.NO.456 OF 2023, ON THE FILES OF THE MUNSIFF'S COURT, ERNAKULAMI Exhibit P 9 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT DATED 05-07-2023 BEARING NO.KL07022506500/2023 ISSUED TO THE 1STPETITIONER Exhibit P 10 TRUE PHOTOSTAT COPY OF THE BASIC TAX REMITTED DATED 05-07-2023 BEARING NO.

KL07022506502/2023 ISSUED TO THE 2NDPETITIONER Exhibit P 11 TRUE PHOTOSTAT COPY OF THE APPLICATION NO.87004116 SUBMITTED BY THE 1STPETITIONER DATED 06-07-2023 BEFORE THE 5TH RESPONDENT Exhibit P 12 TRUE PHOTOSTAT COPY OF THE APPLICATION NO.87005955,SUBMITTED BY THE 2NDPETITONER DATED 06-07-2023 SUBMITTED BEFORE THE 5TH RESPONDENT