Panchami vs The State Of Kerala
2023 Latest Caselaw 7634 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
           FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                              WP(C) NO. 12240 OF 2023
PETITIONER:

                  PANCHAMI
                  AGED 62 YEARS
                  W/O. AYYAPPAN, CHALINGAL HOUSE, LAUNDRY ESTATE,
                  CHEENTHALAAR KARA, UPPUTHARA VILLAGE, IDUKKI DISTRICT.,
                  PIN - 685505

                  BY ADVS.
                  BIJU .C. ABRAHAM
                  THOMAS C.ABRAHAM



RESPONDENTS:

       1          THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL
                  SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT
                  SECRETARIAT, THIRUVANANTHAPURAM ., PIN - 695001

       2          THE STATE SPECIAL OFFICER & COLLECTOR
                  GOVERNMENT LAND RESUMPTION, THIRUVANANTHAPURAM, PIN -
                  695001

       3          THE DISTRICT COLLECTOR,IDUKKI DISTRICT, COLLECTORATE,
                  IDUKKI ., PIN - 685603

       4          THE TAHSILDAR,PEERMADE TALUK, IDUKKI DISTRICT ., PIN -
                  685538

       5          THE VILLAGE OFFICER,UPPUTHARA VILLAGE, PEERMADE TALUK,
                  IDUKKI DISTRICT, PIN - 685505

                  BY SMT. DEEPA V. GOVERNMENT PLEADER


OTHER PRESENT:

                  SMT.DEEPA.V. GP


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.12240/2023                    2

                              JUDGMENT

The petitioner has approached this Court being aggrieved by the

fact that revenue certificates such as location sketch, ROR, Possession

Certificate, Genuinity Certificate etc., are not being issued in respect of

property obtained by the petitioner under Ext.P1 (0.1419 hectares in

Survey No.338/31-58-59 of Upputhara Village). According to the

petitioner, the revenue authorities are not accepting the request of the

petitioner for issuance of revenue certificates on account of Exts.P3 and

P4 proceedings. It is submitted that following the decision of this Court

in M/s. Harrisons Malayalam Ltd and another v. State of

Kerala and others; 2018 (2) KLT 369, this Court is allowed a batch

of writ petitions (Ext.P5 judgment in W.P.(C)No.40002/2016 and

connected cases), where the directions have been issued to the

authorities to issue revenue certificates subject to the right of the State

to initiate any proceedings for recovery of the land in question. Ext.P7

judgment is also stated to be in identical circumstances.

2. The learned Government Pleader does not dispute the fact

that the case of the petitioner is identical to the cases considered by this

Court in Ext.P5 as also in Ext.P7.

Having heard the learned counsel for the petitioner and the

learned Government Pleader, this writ petition will stand disposed of

directing the 5th respondent to consider applications, if any, filed by the

petitioner for issuance of revenue certificates such as location sketch,

ROR, Possession Certificate, Genuinity Certificate etc., in respect of the

properties obtained by the petitioner under Ext.P1 without any

endorsement, within a period of six weeks from the date of receipt of a

certified copy of this judgment. The 5 th respondent shall also accept

land tax from the petitioner without any condition. However, it is made

clear that issuance of revenue certificates and acceptance of land tax will

not in any manner prejudice the right of the Government to initiate

proceedings against the land either under the provisions of the Land

Conservancy Act or by filing a civil suit.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 12240/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO. 3854/95 DATED 28/11/95

Exhibit P2 TRUE COPY OF THE SALE DEED BEARING NO.

2631/1993 DATED 19/8/1993

Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT DATED 20/3/2023

Exhibit P4 TRUE COPY OF THE PROCEEDINGS NO. GLR(LR) 210/15/PER-TCO DATED 12/8/2016 OF THE SPECIAL OFFICER & COLLECTOR

Exhibit P4 (a) A TRUE COPY OF THE GO NO. 172/2019 ISSUED BY THE 1ST RESPONDENT ON 6/6/2019

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 7/11/2018 PASSED BY THIS HON'BLE COURT IN WP(C) NO.

40002/2016

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 18/2/2019 PASSED BY THIS HON'BLE COURT IN WP(C) NO.

4647/2019

Exhibit P7 A TRUE COPY OF JUDGMENT DATED 15/7/2022 IN W.P.(C). NO. 22165/2021