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Kerala High Court
Suresh.A vs State Of Kerala on 17 December, 2025
2025:KER:97326
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 17TH DAY OF DECEMBER 2025 / 26TH AGRAHAYANA, 1947
WP(C) NO. 34036 OF 2025
PETITIONER:
SURESH.A
AGED 51 YEARS, S/O. ACHUTHAN,
MANGATTUCHALIL, MELE ARAPPATTA,
MUPPAINAD, MEPPADI, WAYANAD, PIN - 673577
BY ADVS.
SHRI.ZAKEER HUSSAIN
SMT.K.A.SANJEETHA
SHRI.ABY GEORGE
SHRI.AKSHAY ASOK
RESPONDENT/S:
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 - 673581
OTHER PRESENT:
BY ADV.AJITH VISWANATHAN - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.12.2025, ALONG WITH WP(C).37332/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)Nos. 34036 & 37332 of 2025
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2025:KER:97326
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 17TH DAY OF DECEMBER 2025 / 26TH AGRAHAYANA,
1947
WP(C) NO. 37332 OF 2025
PETITIONER:
NARAYANAN
AGED 59 YEARS, S/O. PARANGODAN,
THURAYANKUNNU, THRIKKAIPPETTA,
WAYANAD, PIN - 673577
BY ADVS.
SHRI.ZAKEER HUSSAIN
SMT.K.A.SANJEETHA
SHRI.ABY GEORGE
SHRI.MUNEER P.M.
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
W.P.(C)Nos. 34036 & 37332 of 2025
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2025:KER:97326
BY ADV.AJITH VISWANATHAN - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.12.2025, ALONG WITH WP(C).34036/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos. 34036 & 37332 of 2025
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2025:KER:97326
J U D G M E N T
Dated this the 17th day of December, 2025
Learned counsel for the petitioners would submit that the
issue involved in these Writ Petitions are squarely covered
by a judgment of this Court, produced at Ext.P6 in
W.P.(C)No.37332/2025; and Ext.P8 in W.P.(C)No. 34036/2025.
The respective petitioners were not issued with Possession
Certificate, Thandaper certificate and other Revenue
Certificates for the reason that the properties in question
originally formed part of M/s. Malayalam Plantations Ltd,
in respect of which ceiling proceedings are pending.
Inasmuch as the issue is covered by the judgment afore-
referred, the petitioners are entitled to the relief sought
for, is the submission made by the learned counsel for the
petitioner.
2. Learned Government Pleader has no quarrel that the
issue stands covered by the above judgments.
W.P.(C)Nos. 34036 & 37332 of 2025
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2025:KER:97326
3. In the circumstances, there will be a direction to the
3rd respondent/Village Officer to issue Possession
Certificate, Thandaper Certificate, and other Revenue
Certificates to the petitioners, in accordance with law -
uninfluenced by the fact that the subject properties were
earlier part of M/s.Malayalam Plantation Ltd -
expeditiously, at any rate within a period of three weeks
from the date of receipt of a copy of this judgment.
Petitioners will produce a copy of this judgment before the
3rd respondent, for compliance.
Both the Writ Petitions are allowed, as indicated above.
Sd/-
C. JAYACHANDRAN
JUDGE
TR
W.P.(C)Nos. 34036 & 37332 of 2025
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2025:KER:97326
APPENDIX OF WP(C) NO. 34036 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO.1537/2005
DATED 30/03/2005 OF KALPPETTA SUB
REGISTRY OFFICE.
Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED
27/04/2022 ISSUED BY THE 3RD RESPONDENT
IN RESPECT OF THE 8.10 ARES OF
PROPERTY.
Exhibit P3 TRUE COPY OF THE DEATH CERTIFICATE
DATED 25/11/2022 ISSUED BY THE
DEPARTMENT OF URBAN AFFAIRS, SULTHAN
BATHERI MUNICIPALITY.
Exhibit P4 TRUE COPY OF THE FAMILY MEMBERSHIP
CERTIFICATE DATED 02/11/2023 ISSUED BY
THE MUPPAINADU VILLAGE OFFICE.
Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
35170/2018 DATED 12/11/2018.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
13671/2024 DATED 03/04/2024.
Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
26019/2024 DATED 14/08/2024.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
19441/2025 DATED 29/05/2025.
W.P.(C)Nos. 34036 & 37332 of 2025
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2025:KER:97326
APPENDIX OF WP(C) NO. 37332 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE GIFT DEED NO.1983/2019
DATED 26/06/2019 OF KALPPETTA SUB
REGISTRY OFFICE.
Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED
19/08/2025 ISSUED BY THE 3RD RESPONDENT
IN RESPECT OF THE 31.57 ARES OF
PROPERTY.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
35170/2018 DATED 12/11/2018.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
13671/2024 DATED 03/04/2024.
Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
26019/2024 DATED 14/08/2024.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
19441/2025 DATED 29/05/2025.
