Kerala High Court
Shaji Joseph @ P.J.Shaji vs State Of Kerala on 3 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C) No. 25704 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 25704 OF 2024
PETITIONER:
SHAJI JOSEPH @ P.J.SHAJI,
AGED 60 YEARS, S/O JOSEPH,
PALATHINGAL HOUSE, C.C 34/1022-B,
BEENA ANJUMANA ROAD, PADIVATTOM,
EDAPPALLY SOUTH VILLAGE,
ERNAKULAM, PIN - 682024
BY ADVS.
P.B.KRISHNAN (SR.)
SABU GEORGE
P.B.SUBRAMANYAN
MANU VYASAN PETER
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 STATE LAND BOARD,
REPRESENTED BY ITS SECRETARY,
THIRUVANANTHAPURAM-, PIN - 695033
3 THE TALUK LAND BOARD,
PALAKKAD REPRESENTED BY ITS CHAIRMAN,
REVENUE DIVISIONAL OFFICER, PARAKKUNNAM,
VIDYUT NAGAR, PALAKKAD, PIN - 678001
4 THE TAHASILDAR(LR),
PALAKKAD TALUK OFFICE, KENATHUPARAMBU,
KUNATHURMEDU, PALAKKAD, PIN - 678001
5 THE VILLAGE OFFICER,
MUNDOOR-II VILLAGE OFFICE,
KONGAD-I, PALAKKAD, PIN - 678631
RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 25704 of 2024
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JUDGMENT
The petitioner is the owner in possession of 2.3077 Hectares of
land situated in Block No.14 in Mundur-II Village covered by Exts.P1 to
P3. Since there were ceiling cases pending against the predecessor of
the vendors of the petitioner, only temporary mutation was effected in
the name of the petitioner. However, the ceiling cases were concluded
as per Ext.P8 order, accepting the option statement submitted by the
declarant. When the petitioner approached the respondent No.5 to
effect mutation of the property permanently in view of the fact that
the ceiling case was concluded and also to issue possession and
location certificates, he was informed that the mutation cannot be
effected permanently since the Taluk Land Board is proposing to re-
open the ceiling case. It is in these circumstances, the petitioner has
approached this Court.
2. I have heard Sri.P.B.Krishnan, the learned Senior Counsel
as instructed by Sri.Sabu George, the learned counsel for the
petitioner and Sri.Rajeev Jyothish George, the learned Government
Pleader.
3. As stated already, the ceiling proceedings initiated against
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the family of the declarant has become final. As of now, there is
nothing on record to show that the said proceedings has been re-
opened. The learned Government Pleader submits that the
Government is contemplating to re-open the ceiling proceedings.
Since, the ceiling proceedings initiated against the family of the
declarant has legally become final, there is no justification on the part
of the respondent No.5 in not mutating the property permanently in
the name of the petitioner.
Hence, this writ petition is allowed and the respondent Nos.4 and
5 are directed to effect mutation of the property of the petitioner
covered by Ext.P1 permanently in his name and also to issue
possession and location certificates, within a period of two months
from the date of receipt of a copy of this judgment. However, this
order will not prevent the respondents from initiating the proceedings,
if any, against the property under the Kerala Land Reforms Act, in
accordance with law.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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APPENDIX OF WP(C) 25704/2024
PETITIONER EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE SALE DEED, DATED 29-09-1986,
REGISTERED AS DOC.NO.2144/1986 OF PARALI SRO
EXHIBIT-P2 A TRUE COPY OF THE SALE DEED, DATED 29-09-1986,
REGISTERED AS DOC.NO.2155/1986 OF PARALI SRO
EXHIBIT-P3 A TRUE COPY OF THE PURCHASE CERTIFICATE DATED 09-03-
1987 ISSUED BY THE LAND TRIBUNAL, PALAKKAD-1
EXHIBIT-P4 A TRUE COPY OF THE PROCEEDINGS NO.L.B.795/73,
S.M5/87, SM 6/87 DATED 25-01-2007 OF THE TALUK LAND
BOARD, PALAKKAD
EXHIBIT-P5 A TRUE COPY OF THE PROCEEDINGS NO.L.B.793/73 DATED
25-01-2007 OF THE TALUK LAND BOARD, PALAKKAD
EXHIBIT-P6 A TRUE COPY OF THE COMMON JUDGMENT DATED 14-11-2014
IN CRP NO.203 OF 2010, CRP NO.215 OF 2010 AND CRP
NO.262 OF 2010
EXHIBIT-P7 A TRUE COPY OF THE PROCEEDINGS NO.L.B.795/73,
S.M5/87, SM 6/87 DATED 20-08-2015 OF THE TALUK LAND
BOARD, PALAKKAD
EXHIBIT-P8 A TRUE COPY OF THE PROCEEDINGS NO.L.B.795/73,
S.M5/87, SM 6/87 DATED 20-10-2016 OF THE TALUK LAND
BOARD, PALAKKAD
EXHIBIT-P9 A TRUE COPY OF LETTER NO.LBE 3-4941/1998 DATED 01-
08-2019 ISSUED BY THE SECRETARY OF LAND BOARD,
THIRUVANANTHAPURAM
EXHIBIT-P10 A TRUE COPY OF THE LETTER NO.G1-6695/21 DATED 12-08-
2021 ISSUED BY THE DIVISIONAL FOREST OFFICER,
MANNARKAD TO THE TALUK LAND BOARD, PALAKKAD
EXHIBIT-P11 A TRUE COPY OF LETTER LB-795/73 DATED 24-09-2021
ISSUED BY THE CHAIRMAN OF THE TALUK LAND BOARD,
PALAKKAD TO THE SECRETARY OF THE STATE LAND BOARD
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EXHIBIT-P12 A TRUE COPY OF LETTER NO.LB 795/73 DATED 13-09-2022
ISSUED BY THE CHAIRMAN OF THE TALUK LAND BOARD,
PALAKKAD TO THE SECRETARY OF THE STATE LAND BOARD
AND DISTRICT COLLECTOR, PALAKKAD
EXHIBIT-P13 A TRUE COPY OF THE LETTER NO.LB-E3-5295/2021 DATED
15-12-2022 ISSUED BY THE SECRETARY OF THE STATE LAND
BOARD TO THE CHAIRMAN OF THE TALUK LAND BOARD,
PALAKKAD
EXHIBIT-P14 A TRUE COPY OF THE TAX RECEIPT DATED 13-06-2023
ISSUED FROM THE VILLAGE OFFICE, MUNDUR-II VILLAGE
EXHIBIT-P15 A TRUE COPY OF THE RECEIPT NO.573024/2023-F4 DATED
22-07-2023 ISSUED FROM THE TALUK OFFICE, PALAKKAD
EXHIBIT-P16 A TRUE COPY OF THE RECEIPT NO.229/2024 DATED 22-03-
2024 ACKNOWLEDGING THE RECEIPT OF THE APPLICATION
FOR POSSESSION AND LOCATION CERTIFICATE BY THE
VILLAGE OFFICER, MUNDUR-2 VILLAGE
EXHIBIT-P17 A TRUE COPY OF LETTER NO.152/2024 DATED 27-03-2024
ISSUED BY THE VILLAGE OFFICER, MUNDUR-2 VILLAGE TO
THE CHAIRMAN, TALUK LAND BOARD, PALAKKAD
