Sathish Chandran vs The State Of Kerala
2023 Latest Caselaw 6947 Ker

               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. 20366 OF 2023
PETITIONER:

            SATHISH CHANDRAN
            AGED 35 YEARS
            S/O. CHANDRAN, KARTHIKA BHAVAN, THAVARANA, LAUNDRY,
            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

            SMT. DEEPA V (GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.20366/2023                     -2-

                                  JUDGMENT

The prayer in this writ petition is to quash Ext.P3 and to direct the 5 th

respondent to effect mutation and to issue all revenue certificates such as Location

Sketch, ROR, Possession Certificate, Genuinity Certificate, etc., with respect to the

properties covered by Ext.P1 without any endorsement within a time to be fixed by

this Court and to accept land tax and issue receipt without any condition. The

petitioner relies on Exts.P5 to P7 judgment of this Court wherein in similar

circumstances, this Court directed the concerned officers to effect the Transfer of

Registry of the property of petitioner therein and to issue the revenue certificates

without any endorsement.

2. In the light of the above judgments with which I am in full agreement,

this writ petition is allowed. Exts.P3 is quashed. There will be a direction to the 5 th

respondent to effect mutation and to issue all revenue certificates such as Location

Sketch, ROR, Possession Certificate, Genuinity Certificate, etc., with respect to the

properties of the petitioner covered by Exts.P1 produced in this writ petition,

without any endorsement, at the earliest, at any rate, within six weeks from the date

of receipt of a copy of this judgment. The 5 th respondent shall also accept the land

tax from the petitioner without imposing any condition. It is made clear that the

petitioner will be bound by any proceedings or orders that may be issued by the

competent authorities pursuant to any action that may be taken under the Land

Conservancy Act, 1971 or by filing a civil suit, and the acceptance / issuance of

certificates shall always be subject to such proceedings.

Sd/-

GOPINATH P., JUDGE.

AMG

APPENDIX OF WP(C) 20366/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO. 2148/2016 DATED 18/8/2016

Exhibit P1 (a) A TRUE COPY OF SALE DEED NO 17/1958 DATED 29/11/1958

Exhibit P1(b) A TRUE COPY OF THE SETTLEMENT DEED NO 1827/1989 DATED 02/12/1989

Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT DATED 26/05/2023 EVIDENCING THE PAYMENT OF BASIC TAX FOR THE YEAR 2022-2023

Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT DATED 16/12/2022

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 AND CONNECTED CASES

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. 22165/2022