M.U.Joseph vs State Of Kerala
2023 Latest Caselaw 2884 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 2ND DAY OF MARCH 2023 / 11TH PHALGUNA, 1944
                        WP(C) NO. 2458 OF 2023
PETITIONER/S:

          M.U.JOSEPH
          AGED 76 YEARS
          MUNDUMAAKKI VADAKKEL, NATHAMKUNI.P.O, THRIKKAIPPETTA,
          WAYANAD ., PIN - 673577

          BY ADVS.
          ZAKEER HUSSAIN
          K.A.SANJEETHA



RESPONDENTS:

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

    2     THE TAHSILDAR
          VYTHIRITALUK OFFICE, VYTHIRI, WAYANAD., PIN - 673576

    3     THE VILLAGE OFFICER
          TRIKAIPETTA VILLAGE, WAYANAD., PIN - 673577

           SRI. BIMAL K. NATH (SR.G.P.)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.2458/2023                      2

                                 JUDGMENT

The prayer in the writ petition is for a direction to the 3rd respondent

to issue the Thandaper certificate to the petitioner and to accept basic tax in

respect of the petitioner's 0.0405 hectares (10 cents) of land in Block No.28

in Re-Survey No.505/1 of Kottappady Village, Vythiri Taluk, Wayanad

District covered by Ext. P1 sale deed. The petitioner submits that action is

not being taken for the reason that these properties originally belonged to

M/s.Harisson Malayalam Ltd. and proceedings have been taken by the

Government regarding the title of M/s.Harisson Malayalam Ltd.

2. In similar circumstances, this Court had in Exts.P4 and P5

judgments granted reliefs by directing the Village Officer to issue

Thandaper certificate and to accept land tax giving liberty to the State to

establish their rights. I do not think a different view is called for in this writ

petition.

In the above circumstances the writ petition is allowed. There will be a

direction to the 3rd respondent to issue Thandaper certificate to the

petitioner and to accept basic tax in respect of the properties of the

petitioner covered by Exts.P1 sale deed, after hearing the petitioner, at the

earliest, at any rate within one month from the date of receipt of a copy of

this judgment. The above directions are without prejudice to the contention

of the State regarding the question of the title that may be raised by them in

proceedings in future. It is made clear that the directions will apply if the

land in question is not any vested forest land.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 2458/2023

PETITIONER EXHIBITS

Exhibit.P1 TRUE COPY OF SALE DEED.NO.6223 OF 2010 DATED 20/11/2010 OF KALPPETTA SUB REGISTRY OFFICE.

Exhibit.P2 TRUE COPY OF TAX RECEIPT DATED 30/04/2011 ISSUED BY THE 3RD RESPONDENT.

Exhibit.P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 30/04/2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit.P4 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.32461 OF 2018 DATED 5/10/2018.

Exhibit.P5 TRUE COPY THE JUDGMENT IN W.P.(C) NO.23918 OF 2019 DATED 25/09/2019.

Exhibit.P6 TRUE COPY THE JUDGMENT IN W.P.(C) NO.23805 OF 2019 DATED 25/09/2019.

Exhibit.P7 TRUE COPY OF THE JUDGMENT DATED 07/11/2022 IN W.P(C) NO. 18875 OF 2022.