Kerala High Court
Mini K V vs The District Collector on 5 September, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
2024:KER:67465
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 26064 OF 2024
PETITIONER:
MINI K V
AGED 51 YEARS
W/O LATE MANIKANDAN MOZHAYATH HOUSE,
NAVANEETHAM,PALUVAI P.O., GURUVAYOOR, THRISSUR
DISTRICT, PIN - 680522
BY ADV.
P.RAMACHANDRAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION, AYYANTHOLE P.O.
THRISSUR, PIN - 680003
2 THE TAHSILDAR
TALUK OFFICE, CHAVAKKAD P.O, THRISSUR, PIN - 680506
3 DEPUTY TAHSILDAR (REVENUE RECOVERY)
TALUK OFFICE, CHAVAKKAD P.O, THRISSUR, PIN - 680506
4 VILLAGE OFFICER
THAIKKAD-CHAVAKKAD GROUP VILLAGE OFFICE,
THAIKKAD P.O, GURUVAYOOR, THRISSUR., PIN - 680104
5 GURUVAYOOR DEVASWOM MANAGING COMMITTEE
REPRESENTED BY THE ADMINISTRATOR, GURUVAYOOR P.O,
THRISSUR DISTRICT, PIN - 680101
2024:KER:67465
WP(C) NO.26064 OF 2024
2
BY ADVS.
SRI. K. M. FAIZAL - GOVERNMENT PLEADER
SRI. T. K. VIPINDAS - STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:67465
WP(C) NO.26064 OF 2024
3
JUDGMENT
The petitioner is the owner in possession of the
properties covered by Exts.P4 and P5 title deeds. The
petitioner applied for possession certificate in respect of the
said properties before the 4th respondent. The 4th respondent
issued Ext.P6 possession certificate with an endorsement "RRC
2022/10035/2008 - misappropriation of funds, Guruvayoor
Devaswom Board W.P.(C) No.18314/2023". The petitioner has
approached this Court to give a direction to the 4 th respondent
to issue possession certificate without any endorsement.
2. I have heard Sri. P. Ramachandran, the learned
counsel appearing for the petitioner, Sri. K. M. Faizal, the
learned Government Pleader and Sri. T. K. Vipindas, the
learned Standing Counsel for the 5th respondent.
3. It is submitted by the Standing Counsel for the 5 th
respondent that the petitioner's late husband was an
employee under the Guruvayoor Devaswom Managing
Committee and proceedings were initiated against him
2024:KER:67465
WP(C) NO.26064 OF 2024
alleging misappropriation of funds. After conducting an
enquiry, he was terminated from service and to recover the
misappropriated funds, revenue recovery proceedings were
initiated against the husband of the petitioner. The
endorsement in Ext.P6 has been made since revenue recovery
proceedings have been initiated against the late husband of
the petitioner. It is not in dispute and Exts.P4 and P5 would
show that the properties covered by those documents are the
self acquired properties of the petitioner. Admittedly, no
revenue recovery proceedings are pending as against the said
properties. Therefore, while issuing possession certificate, the
endorsement ought not to have been made by the 4 th
respondent. Hence, the 4th respondent is directed to issue
possession certificate to the petitioner without any
endorsement.
The Writ Petition is allowed as above.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
BR
2024:KER:67465
WP(C) NO.26064 OF 2024
APPENDIX OF WP(C) 26064/2024
PETITIONER'S EXHIBITS
Exhibit -P1 TRUE COPY OF THE CERTIFICATE DATED
14.12.2022 BEARING NO.2022/10035/08
ISSUED BY THE 1ST RESPONDENT
Exhibit -P2 TRUE COPY OF THE DEMAND NOTICE DATED
24.02.2023 BEARING NO.2022/10035/08
ISSUED UNDER SECTION 7 OF THE REVENUE
RECOVERY ACT BY THE 3RD RESPONDENT
Exhibit -P3 TRUE COPY OF THE DEMAND NOTICE DATED
24.02.2023 BEARING NO.2022/10035/08
ISSUED UNDER SECTION 34 OF THE REVENUE
RECOVERY ACT BY THE 3RD RESPONDENT
Exhibit -P4 TRUE COPY OF THE SALE DEED NO.1125/2015
OF SRO CHAVAKKAD
Exhibit -P5 TRUE COPY OF THE SALE DEED NO.1239/2016
OF SRO CHAVAKKAD
Exhibit -P6 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 14.06.2024 WITH LOCATION MAP
BEARING NO.549/24 IN RESPECT OF THE
PROPERTIES HAVING EXTENT OF 2.11 ARES AND
2.35 ARES IN RE.SY.NO.29/11 AND 96/1 OF
CHAVAKKAD VILLAGE RESPECTIVELY
Exhibit -P7 TRUE COPY OF THE SETTLEMENT DEED DATED
20.10.2004 BEARING NO.4561/2004 OF S.R.O
OLLUKKARA
Exhibit -P8 TRUE COPY OF THE SALE DEED NO.332/2005 OF
S.R.O OLLUKKARA
Exhibit -P9 TRUE COPY OF THE SALE DEED DATED
07.05.2015 BEARING NO.1317/2015 OF S.R.O
OLLUKKARA EXECUTED BETWEEN THE PETITIONER
AND OTHERS IN FAVOUR OF DAVIS
2024:KER:67465
WP(C) NO.26064 OF 2024
Exhibit -P10 TRUE COPY OF THE PARTITION DEED DATED
12.08.2015 BEARING NO.2259/2015 OF S.R.O
THRISSUR
Exhibit -P11 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE MANAGER OF GURUVAYOOR BRANCH OF
DHANLAXMI BANK
RESPONDENTS' EXHIBITS: NIL
