Kerala High Court
Jose M Varghese vs The State Of Kerala on 28 May, 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 MR. JUSTICE S.MANU
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 17971 OF 2024
PETITIONER/S:
JOSE M VARGHESE
AGED 58 YEARS
S/O VARKEY, PADMAHARI, 1ST FLOOR,
PUTHUVEETTUMELE, PERUKAVU P.O, VILAVOORKKAL,
MALAYINKEEZHU, THIRUVANANTHAPURAM,
KERALA, PIN - 695573
BY ADV BIJU .C. ABRAHAM
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
BY SRI.JAFFERKHAN P.P., SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.17971 of 2024
2
JUDGMENT
A.Muhamed Mustaque, J.
The petitioner claims that he is the owner in
possession and enjoyment of property having an extent of 6.07
Ares comprised in survey No.338/31-56 in Upputhara Village of
Peermade SRO. He approached the Revenue authority to effect
transfer of registry based on the title deed. This has been
refused by the authorities. In the light of the Special Officer's
report, the proceedings will have to be initiated to resume the
land.
2. Similar matters were considered by this Court.
The revenue authority's objection is essentially related to the
fact that this land is originally in possession of Peermade Tea
Company and it appears that the Government already initiated
a civil suit.
Taking note of the fact that there are several
directions given by this Court in judgment produced as Exts.P5
to P7, we are of the view following directions can be issued;
The Revenue Authority is directed to issue tax
receipts and any other revenue certificates. This will be subject
to any right available to State of Kerala to proceed against this
property in accordance with law. However, no adverse entry
shall be entered in the said certificates. Needful shall be done
without any delay.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
S.MANU, JUDGE
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APPENDIX OF WP(C) 17971/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO
144/2023 DATED 16/01/2023 OF PEERMADE
SRO
Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED
07/12/2023
Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE
5TH RESPONDENT DATED 12/04/2024
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
Exhibit P7 A TRUE COPY OF JUDGMENT DATED
20/02/2024 IN W.P.(C). NO. 2768/2024
