Santison vs The District Collector, Idukki
2023 Latest Caselaw 9821 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                         WP(C) NO. 29916 OF 2023
PETITIONER:

              SANTISON
              AGED 54 YEARS
              S/O YESUDASAN, PUTHEN PURACKAL, THAVARANA, UPPUTHARA P.O,
              IDUKKI DISTRICT., PIN - 685505
              BY ADVS.
              T.A.UNNIKRISHNAN
              K.K.AKHIL
              T. SREELAKSHMI UNNIKRISHNAN


RESPONDENTS:

     1        THE DISTRICT COLLECTOR, IDUKKI
              COLLECTORATE, IDUKKI, PIN - 685603
     2        THE TAHSILDAR
              TALUK OFFICE, PEERMADE, IDUKKI., PIN - 685531
     3        THE VILLAGE OFFICER
              VILLAGE OFFICE, UPPUTHARA, IDUKKI, PIN - 685505
OTHER PRESENT:

              SRI. BIMAL K. NATH-SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29916 OF 2023

                               2

                          JUDGMENT

The petitioner states that he is having absolute

title, possession and ownership over 81 Ares and 75

Sq Meters of land situated in Survey No. 338/13 of

Upputhara Village in Peermade Taluk in Idukki District

covered by Exts. P1 and P2. The land tax in respect of

the said property was accepted only provisionally, as

can be seen from Ext. P1. Since the petitioner

proposed to sell a portion of the property, he applied

for ROR certificate, possession certificate and other

revenue certificates before the 3rd respondent.

However, the 3rd respondent refused to grant the

same, since the Survey number of the property is

included in Rajamanickam Commission Report.

Accordingly, the petitioner has approached this Court

for direction to the 3rd respondent to accept basic tax WP(C) NO. 29916 OF 2023

in respect of the said property and to issue revenue

certificates including location sketch, ROR certificate,

possession certificate and tax receipt without making

any adverse endorsements.

2. The petitioner refers to Ext. P3 judgment of

this Court passed under similar circumstances

directing the revenue authorities to issue revenue

certificates without making adverse endorsements.

3. Heard the learned counsel for the petitioner

and the learned Government Pleader for respondents.

4. The petitioner has obtained title to the

property by virtue of Exts. P1 and P2. In Ext. P3

judgment, this Court has held that proceedings under

the Land Conservancy Act cannot be invoked in cases

where the party concerned has valid title over the

property. It was further held that, in such cases, the WP(C) NO. 29916 OF 2023

State will be free to initiate appropriate civil

proceedings to establish its title and until such orders

are obtained in Civil Court proceedings, no embargo

can be placed on the right of the petitioner to enjoy

the property or in dealing with the same in the

manner they choose.

In the light of Ext. P3 judgment, I direct the 3 rd

respondent to issue revenue certificates including

ROR certificate, location sketch and possession

certificate, without making any adverse

endorsements, on remitting the requisite fees. The

petitioner shall also be permitted to pay tax in

respect of the aforesaid property and the tax receipt

shall not carry any adverse endorsement. It is made

clear that the above order will be subject to the

adjudication of the title in any civil suit, if any, WP(C) NO. 29916 OF 2023

instituted by the Government.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE bnu WP(C) NO. 29916 OF 2023

APPENDIX

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT, DATED 18/6/2022 ISSUED BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE SALE DEED NUMBER 3065/2000 DATED 15/11/2000 OF SRO, PEERMADE Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 6/11/2020 IN WP(C) NO.19377/2020 OF THIS HON'BLE COURT