Kerala High Court
Gary Varghese vs State Of Kerala on 4 April, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.43643/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Thursday, the 4th day of April 2024 / 15th Chaithra, 1946
IA.NO.1/2024 IN WP(C) NO. 43643 OF 2023(E)
APPLICANT/PETITIONER:
GARY VARGHESE, AGED 50 YEARS, S/O. VARGHESE, PULIKKOTTIL
HOUSE, MANAKKULAM ROAD, KUNNAMKULAM P.O., THRISSUR DISTRICT PIN -
680503
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN - 695001
2. THE TAHSILDAR, VYTHIRI TALUK OFFICE, VYTHIRI, WAYANAD PIN - 673576
3. THE VILLAGE OFFICER, VELLARIMALA VILLAGE, WAYANAD PIN - 673577
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to clarify the
judgment to the extent that the petitioner is in possession and enjoyment
of only 0.0405 Hectors(4.05 Ares) of property and a direction may be given
to the 3rd respondent to accept the land tax, to issue Thandaper
Certificate, Possession Certificate and all other necessary Revenue
Certificates to the petitioner's 0.0405 Hectors (4.05 Ares) of property
covered under Exhibit P1 Janmam Assignment Deed.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 22.12.2023 and upon hearing the arguments of M/S. ZAKEER HUSSAIN,
K.A.SANJEETHA & MOHAMMED ZAMAN, Advocates for the petitioner in I.A./WP(C)
and of GOVERNMENT PLEADER for respondents in I.A./WP(C), the court passed
the following:
WP(C) No.43643/2023 2/4
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
I.A. No. 1 of 2024
in
W.P.(C) No.43643 of 2023
----------------------------------------------
Dated this the 4th day of April, 2024
O R D E R
While disposing of the writ petition, the description
of the property in respect of which the certificates are to
be issued was omitted to be noted in the judgment.
Accordingly, the operative portion of the judgment is
corrected as follows:-
"Accordingly, this writ petition is disposed of
directing the 3rd respondent to accept land tax and to issue
thandaper certificate, possession certificate and other
revenue certificates in respect of 4.05 Ares of land covered
by Ext.P1 Janmam Assignment Deed within one month
from the date of receipt of a copy of this judgment. It is
made clear that acceptance of land tax or the issuance of
the revenue certificates will be without prejudice to the
right of the State/respondents with regard to the question
of the title that may be raised by them in any appropriate
civil proceedings that may be instituted by them in that
regard."
The Registry is directed to issue the corrected copy of
the judgment.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
04-04-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 43643/2023
Exhibit.P1 TRUE COPY OF THE JANMAM ASSIGNMENT DEED NO. 2612/2015
DATED 30/07/2015 OF KALPPETTA SUB REGISTRY OFFICE.
04-04-2024 /True Copy/ Assistant Registrar
