Kerala High Court

Georgekutty vs State Of Kerala on 22 June, 2023

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                        WP(C) NO. 16882 OF 2023
PETITIONER/S:

    1       K.P.JOSEPH
            AGED 53 YEARS,
            S/O.POULOSE,
            KAVUMPURATH,
            THRIKKAIPPATTA VILLAGE,
            VYTHIRI TALUK,
            NATHAMKUNI.P.O,
            WAYANAD, PIN - 673577
    2       M.J.SHYNI
            AGED 46 YEARS
            W/O.K.P.JOSEPH,
            KAVUMPURATH,
            THRIKKAIPPATTA VILLAGE,
            VYTHIRI TALUK,
            NATHAMKUNI.P.O,
            WAYANAD, PIN - 673577
    3       THOMAS.M.T
            AGED 51 YEARS
            S/O.THOMAS,
            MANALOTH,
            THRIKKAIPPATTA VILLAGE,
            VYTHIRI TALUK,
            NATHAMKUNI.P.O,
            WAYANAD, PIN - 673577
    4       SELIN WILSON
            AGED 47 YEARS
            W/O.N.M.VILSON,
            NEERAMBUZHA, THRIKKAIPPETTA,
            NATHAMKUNI.P.O, WAYANAD, PIN - 673577
            BY ADVS.
            ZAKEER HUSSAIN
            K.A.SANJEETHA


RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            REVENUE DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM,
            PIN - 695001
 WPC Nos.16882, 17796 and 17963 of 2023

                                         2

       2       THE TAHSILDAR
               VYTHIRITALUK OFFICE,
               VYTHIRI, WAYANAD, PIN - 673576
       3       THE VILLAGE OFFICER
               THRIKKAIPPETTA VILLAGE,
               WAYANAD, PIN - 673577



                SMT. DEEPA V, SR.GOVERNMENT PLEADER


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.06.2023, ALONG WITH WP(C)NOS.17796/2023 AND 17963/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC Nos.16882, 17796 and 17963 of 2023

                                            3

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                              WP(C) NO. 17796 OF 2023
PETITIONER/S:

       1       GEORGEKUTTY
               AGED 70 YEARS, S/O.ULAHANNAN
               ELAVUNILKKUMTHOTTIYIL,
               THRIKKAIPETTA, MEPPADI,
               WAYANAD., PIN - 673577
       2       E.U.JOSEPH
               AGED 78 YEARS
               S/O.ULAHANNAN,
               ELAVUNILKKUM THODIYIL,
               MEPPADI, THRIKKAIPETTA
               WAYANAD., PIN - 673577
       3       SAJITH.K
               AGED 48 YEARS
               S/O.SIVADASAN, SAJINA HOUSE,
               THRIKKAIPPATTA VILLAGE,
               VYTHIRI TALUK, MEPPADI.P.O,
               WAYANAD., PIN - 673577
       4       SAVITHA.T
               AGED 36 YEARS
               D/O.RAJAN.T, THAYKKANDY,
               MUTTIL SOUTH, WAYANAD., PIN - 673122
       5       SIVAKUMAR
               AGED 44 YEARS
               S/O.MYNA, PLAKKUTTY HOUSE,
               NEDUMBALA, MEPPADY.P.O,
               THRIKKAIPPETTA, WAYANAD, PIN - 673577
               BY ADVS.
               ZAKEER HUSSAIN
               K.A.SANJEETHA


RESPONDENT/S:

       1       STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               REVENUE DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM., PIN - 695001
 WPC Nos.16882, 17796 and 17963 of 2023

                                         4

       2       THE TAHSILDAR
               VYTHIRITALUK OFFICE, VYTHIRI,
               WAYANAD, PIN - 673576
       3       THE VILLAGE OFFICER
               THRIKKAIPPETTA VILLAGE,
               WAYANAD, PIN - 673577


                SMT. PREETHA K.K.(SR GP)


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.06.2023, ALONG WITH WP(C)NOS.16882/2023 AND 17963/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC Nos.16882, 17796 and 17963 of 2023

                                            5



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                              WP(C) NO. 17963 OF 2023
PETITIONER/S:

       1       JOSEPH ODALANI
               AGED 74 YEARS,
               S/O.JOSEPH THOMAS,
               ODALANI HOUSE, 23RD ROAD,
               T.P.S.W BANDUP,
               VELLAARADA, AMBOORI,
               THIRUVANANTHAPURAM, PIN - 695505
       2       LISSA.N.K
               AGED 45 YEARS
               W/O.LATE K.P.GEORGE,
               KAVUMPURATH,
               THRIKKAIPPATTA VILLAGE,
               VYTHIRI TALUK, NATHAMKUNI.P.O,
               WAYANAD, PIN - 673577
       3       JOHN.P.A
               AGED 60 YEARS
               S/O.LATE.ABRAHAM,
               PUNNAMTHADATHIL,
               NATHAMKUNI.P.O.,
               THRIKKAIPPETTA,
               WAYANAD, PIN - 673577
       4       CHINNAMMA
               AGED 75 YEARS
               W/O.LATE KURIEN,
               ORAVANAMTHADATHIL,
               THRIKKAIPETTA, WAYANAD, PIN - 673577
               BY ADVS.
               ZAKEER HUSSAIN
               K.A.SANJEETHA


RESPONDENT/S:

       1       STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               REVENUE DEPARTMENT, SECRETARIAT,
 WPC Nos.16882, 17796 and 17963 of 2023

                                         6

               THIRUVANANTHAPURAM, PIN - 695001
       2       THE TAHSILDAR
               VYTHIRI TALUK OFFICE, VYTHIRI,
               WAYANAD, PIN - 673576
       3       THE VILLAGE OFFICER
               THRIKKAIPPETTA VILLAGE,
               WAYANAD, PIN - 673577

               SMT. PREETHA K.K.(SR GP)



        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.06.2023, ALONG WITH WP(C)NOS.16882/2023 AND 17796/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC Nos.16882, 17796 and 17963 of 2023

                                         7

                                  JUDGMENT

The petitioners have approached this Court challenging

the denial of possession certificate and other revenue certificates

on the ground that the properties belonging to the petitioners

were earlier owned by a company against which proceedings are

contemplated by the State.

2. The learned counsel appearing for the petitioners

in these cases would submit that similar matters have been

disposed of by this Court by Ext.P6 judgment produced in W.P.

(C)No.16882 of 2023 where, this Court has held that there is no

rhyme or reason for the authorities to refuse mutation and

acceptance of land tax. It is submitted that, if any action is

contemplated by the State against the predecessors in interest of

the petitioners in these cases, it can be made clear that the

issuance of possession certificate will be without prejudice to the

right of the State to initiate any action and that the issuance of

certificates will not prejudice that right of the State.

3. The learned Government Pleader would submit

that revenue certificates applied for by the petitioners in these

cases can be issued provided it is clarified that the issuance of

such revenue certificates will not prejudice the right of the State WPC Nos.16882, 17796 and 17963 of 2023

to initiate action against the predecessor in interest of the

petitioner/petitioners in accordance with the law.

4. Having regard to the submissions made by the

learned counsel for the petitioners and the learned Government

Pleader, these writ petitions will stand disposed of directing the

respondents in these cases to issue possession certificate and

other revenue certificates applied for by the petitioners in theses

cases, making it clear that the issuance of such revenue

certificates will not prejudice the right of the State to initiate any

action against the predecessor in the interest of the

petitioner/petitioners in accordance with the law and also making

it clear all the rights of the petitioners in theses cases over the

land in question will always be subject to such proceedings.

These writ petitions are disposed of as above.

Sd/-

GOPINATH P., JUDGE rkj WPC Nos.16882, 17796 and 17963 of 2023

APPENDIX OF WP(C) 16882/2023

PETITIONER EXHIBITS Exhibit.P1 TRUE COPY OF THE SETTLEMENT DEED. NO.687 OF 1994 DATED 11/03/1994 OF KALAPETTA SUB REGISTRY OFFICE.

Exhibit.P2 TRUE COPY OF SETTLEMENT DEED NO. 821 OF 2013 DATED 01/03/2018 OF KALAPETTA SUB REGISTRY OFFICE Exhibit.P3 TRUE COPY OF THE JANMAM ASSIGNMENT DEED NO.1038/2008 OF KALPPETTA SUB REGISTRY OFFICE DATED 15/03/2008.

Exhibit.P4 TRUE COPY OF THE SALE DEED NO. 3456/2009 DATED 25/09/2009 OF KALPPETTA SUB REGISTRY OFFICE .

Exhibit.P5 TRUE COPY OF SETTLEMENT DEED NO.1794/2003 DATED 14/07/2003 OF KALPPETTA SUB REGISTRY OFFICE.

Exhibit.P6 TRUE COPY OF THE JUDGMENT DATED 10/01/2023 IN WRIT PETITION (C) NO.40080 OF 2022.

WPC Nos.16882, 17796 and 17963 of 2023

APPENDIX OF WP(C) 17796/2023

PETITIONER EXHIBITS Exhibit.P1 TRUE COPY OF THE GIFT DEED NO.359 OF 1985 DATED 06/02/1985 OF KALPPETTA SUB REGISTRY OFFICE.

Exhibit.P2 TRUE COPY OF THE DOCUMENT NO.1594 OF 1983 DATED 01/06/1983 OF KALPPETTA SUB REGISTRY OFFICE.

Exhibit.P3 TRUE COPY OF THE SETTLEMENT DEED NO.1920 OF 2019 DATED 20/06/2019 OF KALPPETTA SUB REGISTRY OFFICE.

Exhibit.P4 TRUE COPY OF THE SALE DEED NO.903 OF 2014 DATED 03/03/2014 OF KALPPETTA SUB REGISTRY OFFICE.

Exhibit.P5 TRUE COPY OF THE SALE DEED NO.902 OF 2014 DATED 03/03/2014 OF KALPPETTA SUB REGISTRY OFFICE.

Exhibit.P6 TRUE COPY OF THE TAX RECEIPT DATED 30/05/2022 IN RESPECT OF 1ST PETITIONER'S PROPERTY.

Exhibit7 TRUE COPY OF THE TAX RECEIPT DATED 22/10/2022 IN RESPECT OF 2ND PETITIONER'S PROPERTY.

Exhibit.P8 TRUE COPY OF THE TAX RECEIPT DATED 23/10/2020 IN RESPECT OF 3RD PETITIONER'S PROPERTY .

Exhibit.P9 TRUE COPY OF THE TAX RECEIPT DATED 03/12/2022 IN RESPECT OF 4TH PETITIONER'S PROPERTY.

Exhibit.P10 TRUE COPY OF THE TAX RECEIPT DATED 16/04/2022 IN RESPECT OF 5TH PETITIONER'S PROPERTY.

Exhibit.P11 TRUE COPY OF THE JUDGMENT DATED 10/01/2023 IN WRIT PETITION (C) NO.40795 OF 2022.

WPC Nos.16882, 17796 and 17963 of 2023

APPENDIX OF WP(C) 17963/2023

PETITIONER EXHIBITS Exhibit.P1 TRUE COPY OF THE SALE DEED NO.3925 OF 2013 DATED 06/11/2013 OF KALPPETTA SUB REGISTRY OFFICE.

Exhibit.P2 TRUE COPY OF THE SETTLEMENT DEED NO.688/1994 DATED 11/03/1994 OF KALPPETTA SUB REGISTRY OFFICE.

Exhibit.P3 TRUE COPY OF THE WILL NO.15/1994 DATED 15/03/1994 EXECUTED BY KAVUMPURATH ELEESA.

Exhibit.P4 TRUE COPY OF THE SALE DEED NO. 690 OF 1994 DATED 11/03/1994 OF KALAPETTA SUB REGISTRY OFFICE, Exhibit.P5 TRUE COPY OF THE PARTITION DEED NO.746 OF 2020 DATED 07/03/2020 OF KALPPETTA SUB REGISTRY OFFICE.

Exhibit.P6 TRUE COPY OF THE SETTLEMENT DEED NO.439/1995 DATED 10/02/1995 OF KALPPETTA SUB REGISTRY OFFICE.

Exhibit.P7 TRUE COPY OF THE JUDGMENT DATED 13/03/2023 IN WRIT PETITION (C) NO.7520 OF 2023.