[Cites 0, Cited by 0]
Kerala High Court
Kassim Rahim vs The Tahsildar (Lr) on 17 December, 2025
2025:KER:97459
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. 40016 OF 2025
PETITIONER:
KASSIM RAHIM
AGED 61 YEARS, S/O. KASSIM RAWTHER,
RAZA MANZIL, KURUMPALA, PANTHALAM.P.O.
PATHANAMTHITTA DISTRICT,, PIN - 689501
BY ADVS.
SRI.P.K.ABOOBACKER(EDAPPALLY)
SHRI.M.A.KHADIRKUNJU
RESPONDENTS:
1 THE TAHSILDAR (LR),
TALUK OFFICE, VYTHIRI TALUK, VYTHIRI.P.O.,
WAYANAD DISTRICT., PIN - 673576
2 THE VILLAGE OFFICER,
CHUNDALE VILLAGE OFFICE, CHUNDALE.P.O.,
WAYANAD DISTRICT., PIN - 673123
3 THE SUB REGISTRAR
VYTHIRI SUB REGISTRY, WAYANAD DISTRICT,
PIN - 673576
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).40057/2025, 42388/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos. 40016, 40057 and 42388 of 2025
..2..
2025:KER:97459
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. 40057 OF 2025
PETITIONER:
MANUEL.P.T.
AGED 68 YEARS, S/O. THOMAS,
PULIKKAYATH, CHUNDALE.P.O.
WAYANAD DISTRICT, PIN - 673123
BY ADVS.
SRI.P.K.ABOOBACKER(EDAPPALLY)
SHRI.M.A.KHADIRKUNJU
RESPONDENTS:
1 THE TAHSILDAR (LR),
TALUK OFFICE, VYTHIRI TALUK, VYTHIRI.P.O.,
WAYANAD DISTRICT., PIN - 673576
2 THE VILLAGE OFFICER,
CHUNDALE VILLAGE OFFICE, CHUNDALE.P.O., WAYANAD
DISTRICT., PIN - 673123
3 THE SUB REGISTRAR
VYTHIRI SUB REGISTRY OFFICE,
WAYANAD DISTRICT,, PIN - 673576
BY ADV. AJITH VISWANATHAN - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.12.2025, ALONG WITH WP(C).40016/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos. 40016, 40057 and 42388 of 2025
..3..
2025:KER:97459
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. 42388 OF 2025
PETITIONER:
P.P.BIJU
AGED 47 YEARS, S/O. PAPPACHAN,
PUNNAKKAL HOUSE, PAKKALIPPALLAM VYTHIRI TALUK,
KOTTAPPADI VILLAGE, CHOONDALE.P.O.,
WAYNAD DISTRICT, PIN - 673123
BY ADV SRI.P.K.ABOOBACKER(EDAPPALLY)
RESPONDENTS:
1 THE TAHSILDAR (LR)
TALUK OFFICE, VYTHIRI TALUK, VYTHIRI.P.O.,
WAYANAD DISTRICT, PIN - 673576
2 THE VILLAGE OFFICER
CHUNDALE VILLAGE OFFICE, CHUNDALE.P.O.,
WAYANAD DISTRICT., PIN - 673123
3 THE SUB REGISTRAR
VYTHIRI SUB REGISTRY,
WAYANAD DISTRICT, PIN - 673576
BY ADV.AJITH VISWANATHAN - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.12.2025, ALONG WITH WP(C).40016/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos. 40016, 40057 and 42388 of 2025
..4..
2025:KER:97459
J U D G M E N T
Dated this the 17th day of December, 2025
The common issue involved in these three Writ Petitions is
the non-issuance of the Possession Certificate in favour of
the respective petitioners, on the premise that ceiling
proceedings are pending in respect of the subject
properties. It was pointed out by the learned Government
Pleader that the properties were earlier forming part of
M/s. Harrison Malayalam Plantations Ltd. It was pointed out
by the learned counsel for the petitioners that the issue
involved in these Writ Petitions are covered by a judgment
of this Court, produced at Ext.P5 in W.P.(C)No.40057/2025,
in respect of which submission, the learned Government
Pleader has no quarrel.
2. Inasmuch as the issue is covered by Ext.P5 judgment,
there will be a direction to the 2 nd respondent/Village
Officer to issue Possession Certificate in respect of the
subject properties to the respective Petitioners, within a
W.P.(C)Nos. 40016, 40057 and 42388 of 2025
..5..
2025:KER:97459
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 2nd respondent, for compliance.
Needless to say that, this judgment will not stand in the
way of the legitimate rights of the State to take action
against the petitioners' properties, in accordance with
law, in case any statutory violation is found. The issuance
of the Possession Certificate as directed above will not
impede such right of the State.
These Writ Petitions will stand disposed of, as above.
Sd/-
C. JAYACHANDRAN
JUDGE
TR
W.P.(C)Nos. 40016, 40057 and 42388 of 2025
..6..
2025:KER:97459
APPENDIX OF WP(C) NO. 40016 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SALE DEED NO.
879/2009 DATED 29.6.2009 OF VYTHIRI SUB
REGISTRY
Exhibit P2 THE TRUE COPY OF THE LAND TAX RECEIPT
DATED 22.8.2025 FOR THE YEAR 2025-26
ISSUED BY THE OFFICE OF THE 2ND
RESPONDENT
Exhibit P3 THE TRUE COPY OF THE REPLY DATED
9.10.2025 BY THE 2ND RESPONDENT TO THE
PETITIONER
Exhibit P4 THE TRUE COPY OF THE JUDGMENT DATED
31.7.2025 IN W.P.(C)25393 OF 2025 BY
THIS HON'BLE COURT
W.P.(C)Nos. 40016, 40057 and 42388 of 2025
..7..
2025:KER:97459
APPENDIX OF WP(C) NO. 40057 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SALE DEED NO.
1129/2007 DATED 18.9.2007 OF VYTHIRI
SUB REGISTRY
Exhibit P2 THE TRUE COPY OF THE SALE DEED NO.
1342/2007 DATED 13.11.2007 OF VYTHIRI
SUB REGISTRY
Exhibit P3 THE TRUE COPY OF THE LAND TAX RECEIPT
DATED 3.6.2025 FOR THE YEAR 2025-26
ISSUED BY THE OFFICE OF THE 2ND
RESPONDENT
Exhibit P4 THE TRUE COPY OF THE REPLY DATED
9.10.2025 BY THE 2ND RESPONDENT TO THE
PETITIONER
Exhibit P5 THE TRUE COPY OF THE JUDGMENT DATED
31.7.2025 IN W.P.(C) 25393 OF 2025 BY
THIS HON'BLE COURT
W.P.(C)Nos. 40016, 40057 and 42388 of 2025
..8..
2025:KER:97459
APPENDIX OF WP(C) NO. 42388 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SALE DEED NO.
1616/2011 DATED 2.11.20211 OF VYTHIRI
SUB REGISTRY
Exhibit P2 THE TRUE COPY OF THE LAND TAX RECEIPT
DATED 25.8.2025 FOR THE YEAR 2025-26
ISSUED BY THE 2ND RESPONDENT
Exhibit P3 THE TRUE COPY OF THE REQUEST LETTER
DATED 22.9.2025 GIVEN BY THE PETITIONER
TO THE 3RD RESPONDENT UNDER THE RTI ACT
Exhibit P4 THE TRUE COPY OF THE SCREEN SHOT OF
REPLY DATED 26.9.2025 FROM THE SITE OF
E DISTRICT
Exhibit P5 THE TRUE COPY OF THE JUDGMENT DATED
31.7.2025 IN W.P.(C) 25393 OF 2025
