O.A. Chacko vs State Of Kerala
2023 Latest Caselaw 10370 Ker

WP(C) No.17131/2023                          1/2

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
            Saturday, the 30th day of September 2023 / 8th Aswina, 1945
                              WP(C) NO. 17131 OF 2023
   PETITIONERS:

      1. O.A. CHACKO, AGED 72 YEARS, ORAVANAMTHADATHIL, NATHAMKUNNI,
         THRIKKAIPETTA, WAYANAD - 673577.
      2. CHINNAMMA, AGED 65 YEARS, W/O. O.A. CHACKO, ORAVANAMTHADATHIL,
         NATHAMKUNNI, THRIKKAIPETTA, WAYANAD - 673577.
      3. O.A.GEORGE, AGED 63 YEARS, S/O.AUGUSTINE, ORAVANAMTHADATHIL HOUSE,
         NATHAMKUNI.P.O., MEPPADY, WAYANAD - 673577.

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
         DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.
      2. THE TAHSILDAR, VYTHIRITALUK OFFICE, VYTHIRI, WAYANAD- 673576.
      3. THE VILLAGE OFFICER, THRIKKAIPPETTA VILLAGE, WAYANAD - 673577.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the 3rd respondent to issue Possession Certificate,
   Location Sketch and other allied Revenue Certificates to the petitioners
   in respect of their properties covered by Exhibit.P1 to P5 Title Deeds and
   Exhibit.P6 to P9 Tax Receipts pending disposal of the Writ Petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/s. ZAKEER HUSSAIN and K.A.SANJEETHA, Advocates for the petitioners and
   of GOVERNMENT PLEADER for respondents, the court passed the following:

                                          ORDER

It is submitted by the counsel for the petitioners that pursuant to the direction in Exhibit P10 judgment, the petitioners have been issued Thandaper Certificate in respect of their property. However, the application made by the petitioners for possession certificate is not entertained by the 3rd respondent. The learned Government Pleader to get instructions as to why the application for possession certificate is not entertained by 3rd respondent.

Post on 12.10.2023.

30.09.2023 Sd/- MURALI PURUSHOTHAMAN, JUDGE

Exhibit.P1 TRUE COPY OF THE SALE DEED NO.3348 OF 1981 DATED 18/09/1981 OF KALPPETTA SUB REGISTRY OFFICE.

 WP(C) No.17131/2023                     2/2


Exhibit.P2            TRUE COPY OF THE SETTLEMENT DEED NO.489 OF 2015 DATED

10/02/2015 OF KALPPETTA SUB REGISTRY OFFICE. Exhibit.P3 TRUE COPY OF THE SALE DEED NO.1230/1986 DATED 23/03/1986 OF KALPPETTA SUB REGISTRY OFFICE. Exhibit.P4 TRUE COPY OF THE SALE DEED NO.3415/1981 DATED 18/09/1981 OF KALPPETTA SUB REGISTRY OFFICE. Exhibit.P5 TRUE COPY OF THE SETTLEMENT DEED NO. 2784 OF 2018 DATED 06/10/2018 OF KALPPETTA SUB REGISTRY OFFICE . Exhibit.P6 TRUE COPY OF THE TAX RECEIPT DATED 25/04/2022 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF 1ST PETITIONER'S 39.23 ARES OF PROPERTY .

Exhibit.P7 TRUE COPY OF THE TAX RECEIPT DATED 25/04/2022 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF 2ND PETITIONER'S 0.21 ARES OF PROPERTY.

Exhibit.P8 TRUE COPY OF THE TAX RECEIPT DATED 04/06/2022 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF 3RD PETITIONER'S 66.35 ARES OF PROPERTY .

Exhibit.P9 TRUE COPY OF THE TAX RECEIPT DATED 04/06/2022 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF 3RD PETITIONER'S 32.40 ARES, 14.15 ARES AND 4 ARES OF PROPERTIES. Exhibit.P10 TRUE COPY OF THE JUDGMENT DATED 10.01.2023 IN WRIT PETITION (C) NO.40995 OF 2022.

30-09-2023 /True Copy/ Assistant Registrar