Kerala High Court
Mary vs State Of Kerala on 1 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C).No.36251/2024
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2024:KER:81184
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 36251 OF 2024
PETITIONER:
MARY
AGED 59 YEARS
W/O. LATE DEVASSYA, PUNNAMTHADATHIL HOUSE,
MALAYACHAMKOLLY, NATHAMKUNI, WAYANAD DISTRICT.,
PIN - 673577
BY ADVS. ZAKEER HUSSAIN
K.A.SANJEETHA
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
THRIKKAIPPETTA VILLAGE, WAYANAD., PIN - 673577
SMT. DEEPA V., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.36251/2024
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JUDGMENT
The petitioner is the co-owner of 19.42 Ares of property
in Block No.29 in Re-Sy.No.683/21 of Thrikkaipetta Village,
Wayanad District covered by Ext.P1 settlement deed. Originally,
the petitioner's husband late Devassya P.U was the owner of the
said property. The petitioner has been remitting basic tax as
evident from Ext.P3. According to the petitioner, when she
approached the 3rd respondent for issuance of thandaper
certificate and possession certificate, he refused to issue the
same stating that the property originally was in the name of M/s.
Malayalam Plantations Ltd. It is in these circumstances, the
petitioner has approached this Court.
2. I have heard Sri. Zakeer Hussain, the learned counsel
for the petitioner and Smt. Deepa V., the learned Government
Pleader.
3. The 3rd respondent refused to issue thandaper
certificate and possession certificate on the ground that the
property originally was in the name of M/s. Malayalam Plantations
Ltd. against which KLC proceedings were initiated by the State.
The fact that the KLC proceedings were initiated against the
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predecessor in interest of the petitioner is not a ground to refuse
issuance of Thandaper Certificate. In Exts.P4 to P6 judgments, on
identical situation, direction was given by this Court to the Village
Officer to issue thandaper certificate and possession certificate.
Hence, the 3rd respondent is directed to issue thandaper
certificate and possession certificate in respect of the petitioner's
property covered by Ext.P1. However, this judgment will not
stand in the way of State proceeding against the property, in
accordance with law.
The Writ Petition is disposed as above.
sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
2024:KER:81184
APPENDIX OF WP(C) 36251/2024
PETITIONER EXHIBITS
Exhibit.P1 TRUE COPY OF THE SETTLEMENT DEED
NO.2585/1999 DATED 23/07/1999 OF
KALPETTA SUB REGISTRY OFFICE.
Exhibit.P2 TRUE COPY OF THE FAMILY MEMBERSHIP
CERTIFICATE DATED 22/08/2024 ISSUED BY
THE THOMATTUCHAL VILLAGE OFFICE.
Exhibit.P3 TRUE COPY OF THE TAX RECEIPT DATED
10/10/2024 ISSUED BY THE 3RD RESPONDENT
IN RESPECT OF 19.42 ARES OF PROPERTY.
Exhibit.P4 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
35170/2018 DATED 12/11/2018.
Exhibit.P5 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
13671/2024 DATED 03/04/2024.
Exhibit.P6 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
26019/2024 DATED 14/08/2024.
