Fathima Irfana.P.P vs State Of Kerala
2024 Latest Caselaw 31228 Ker

Kerala High Court

Fathima Irfana.P.P vs State Of Kerala on 1 November, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C).No.36042/2024
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                                               2024:KER:81181
            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. 36042 OF 2024

PETITIONER:

            FATHIMA IRFANA.P.P
            AGED 25 YEARS
            W/O. NISHAD, PEEDIKA PARAMBIL HOUSE,
            PULLURKUNNU, RIPON.P.O., MUPPAINAD, 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
            MUPPAINAD VILLAGE, WAYANAD., PIN - 673577


            B.S.SYAMANTHAK, GP, T.C.KRISHNA, DSGI


        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.36042/2024
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                                                  2024:KER:81181




                          JUDGMENT

The petitioner is the owner in possession of coffee

plantation having an extent of 2.42 Ares of property in Block

No.31 in Re-Sy.No.30/30 of Muppainad Village, Wayanad

District covered by Ext.P1 sale deed. After Ext.P1, the petitioner

has been remitting basic tax as evident from Ext.P2. According

to the petitioner, when she approached the 3 rd respondent for

issuance of thandaper 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 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 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,

2024:KER:81181 direction was given by this Court to the Village Officer to issue

thandaper certificate and possession certificate. Hence, the 3 rd

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:81181 APPENDIX OF WP(C) 36042/2024

PETITIONER EXHIBITS

Exhibit.P1 TRUE COPY OF THE SALE DEED NO.

2632/2022 DATED 14/07/2022 OF KALPPETTA SUB REGISTRY OFFICE.

Exhibit.P2 TRUE COPY OF THE TAX RECEIPT DATED 04/05/2024 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF THE 2.42 ARES OF PROPERTY.

Exhibit.P3 TRUE COPY OF THE TAX RECEIPT DATED 02/06/2022 ISSUED BY THE 3RD RESPONDENT.

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.