Kerala High Court
Thomas Varghese vs The State Of Kerala on 4 June, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 16855 OF 2024
PETITIONER:
THOMAS VARGHESE, AGED 57 YEARS
S/O VARKEY, MANNACHERI HOUSE, UPPUTHARA KARA,
UPPUTHARA IDUKKI DIST, KERALA, PIN - 685505
BY ADVS.
BIJU .C. ABRAHAM
THOMAS C. ABRAHAM
BASIL MATHEW
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
SENIOR GOVERNMENT PLEADER, ADV. JAFFER KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16855 OF 2024
2
JUDGMENT
Dates this the 4th day of June, 2024
A.MUHAMED MUSTAQUE(J)
In this writ petition, the petitioner claims title over the
property in Peermade Tea Company Ltd. The Government initiated
proceedings under the Land Conservancy Act, to resume the land
from the holders of the land who obtained land from Peermade Tea
Company Ltd. This Court interdicted the resumption and held that
the remedy of the State is to file a civil suit for recovery.
2. A series of judgments have been passed by this
Court directing Revenue Authorities to act upon the request of
land holders in issuing revenue certificate. Following the above
judgments, this Court directed the revenue authority to issue
location sketch, ROR, genuity certificate etc. In this case, the
petitioner placed reliance on Exts.P5 and P6 judgments.
In the light of the above judgments, we direct the revenue
officials to issue all revenue certificates as sought by the
petitioner, in accordance with law, without any adverse entry.
This will be subject to any proceedings initiated by the State
Government, in accordance with law, including a civil suit. We
WP(C) NO. 16855 OF 2024
also make it clear that any fragmentation of land also would
entitle in initiating action under the Land Reforms Act. We
reserve the liberty to the State Government, to proceed in
accordance with law.
The Writ Petition is disposed of accordingly.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK
WP(C) NO. 16855 OF 2024
APPENDIX OF WP(C) 16855/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO 3196/2006
DATED 13/11/2006 OF PEERMADE SRO
Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED
22/04/2024
Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE 5TH
RESPONDENT DATED 22/04/2024
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.
Exhibit P7 A TRUE COPY OF JUDGMENT DATED 20/02/2024 IN
