Kerala High Court
Illath Abdul Majeed vs State Of Kerala on 8 December, 2023
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
WP(C) NO. 32001 OF 2023
PETITIONER:
ILLATH ABDUL MAJEED
AGED 58 YEARS
PRESIDENT, NANMINDA HIGH SCHOOL SOCIETY,
P.O.NANMINDA, KOZHIKODE DISTRICT., PIN - 673613
BY ADVS.
V.M.KRISHNAKUMAR
P.S.SIDHARTHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 TAHSILDAR,
KOZHIKKODE TALUK OFFICE, CIVIL STATION,
ERANHIPPALAM, KOZHIKODE, PIN - 673020
3 VILLAGE OFFICER,
NANMINDA VILLAGE, P.O.NANMINDA, KOZHIKODE
DISTRICT., PIN - 673613
OTHER PRESENT:
GP. SMT.DEEPA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(c) No. 32001 of 2023
2
JUDGMENT
The petitioner has filed this writ petition challenging
Ext. P2 order passed by the 3 rd respondent rejecting the
application for issuance of possession certificate on the
ground of pendency of R.F.A No. 532/2016 before this
Court.
2. Heard the learned senior counsel for the petitioner
and the learned Government Pleader.
3. The learned senior counsel for the petitioner
submits that, the possession certificate cannot be refused
for the reason stated in Ext. P2. The learned senior
counsel invites my attention to Ext. P4 judgment of this
Court wherein the concerned Village Officer was directed
to issue possession certificate notwithstanding the
pendency of civil litigation, on certain conditions.
In the facts and circumstances of the case, there will
be a direction to the 3rd respondent to issue possession
certificate to the petitioner in respect of the property
covered by Ext. P3 land tax receipt on condition that the
the petitioner shall not encumber or transfer the property
without further orders in R.F.A No. 532/2016. This shall be
done within a period of three weeks from the date of
receipt of a certified copy of this judgment. It is made
clear that the petitioner cannot claim any benefit on the
basis of the possession certificate in any civil litigation
and that the possession certificate is issued only for the
purpose of construction of the school building in the
property covered by Ext. P1. This shall also not impede
the rights of the parties in R.F.A No. 532/2016.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
bnu JUDGE
APPENDIX
PETITIONER'S EXHIBITS
Exhibit P 1 TRUE COPY OF THE POSSESSION CERTIFICATE
NO. 2156/2022 DATED 03.08.2022
Exhibit P2 TRUE COPY OF THE LETTER VO.NO. 81/2023
DATED 18.08.2023 OF THE 3RD RESPONDENT
Exhibit p 3 TRUE COPY OF THE BASIC TAX RECEIPT FOR
THE YEAR 2023 - 2024 DATED 06.04.2023
Exhibit p 4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP (C) 25315 OF 2015 DATED
02.11.2015
Exhibit P5 TRUE COPY OF THE DEATH CERTIFICATE OF
H.H.KARTHIKATHIRUNAL RAVIVARMA RAJA DATED
16.06.2023
