Kerala High Court
Suresh P.P vs State Of Kerala Represented By Its ... on 16 January, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
2025:KER:3211
WP(C) NOS.15296, 17782, 27230 and 42396 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
WP(C) NO. 15296 OF 2024
PETITIONER:
SURESH P.P
AGED 65 YEARS
S/O RAGAVAN.P.P.(LATE), RASMI NILAYAM ,CHEEMENI,
CHERUVATHUR, KASARGOD DIST., PIN - 671313
BY ADV BIJU.P.N.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY
GOVERNMENT SECRETARIAT LAND REVENUE DEPARTMENT,
THIRUVANANTHAPURAM ., PIN - 695001
2 THE THAHASILDAR
TALUK OFFICE, PAYYANNUR, KANNUR DISTRICT ., PIN -
673307
3 VILLIAGE OFFICER
ALAPADAMBU VILLAGE OFFICE , PAYYANNUR TALUK ,
KANNUR., PIN - 673307
SRI. RAJEEV JYOTHISH GEORGE. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.01.2025, ALONG WITH WP(C).17782/2024, 27230/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:3211
WP(C) NOS.15296, 17782, 27230 and 42396 OF 2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
WP(C) NO. 17782 OF 2024
PETITIONER:
ABARAHAM .T.E
AGED 81 YEARS
S/O EPPAN. T.K , THUNDIYIL(H).,VALICHAMTHOD,P.O,
ARAVANCHAL ,AMBALAPDAMBA,KANNUR .DISTRICT, PIN -
670307
BY ADV BIJU.P.N.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY
LAND REVENUE DEPARTMENT, THIRUVANANTHAPURAM ., PIN
- 695001
2 THE THAHASILDAR
TALUK OFFICE, PAYYANNUR, KANNUR DISTRICT., PIN -
670301
3 VILLIAGE OFFICER
ALAPADAMBU VILLAGE OFFICE , PAYYANNUR TALUK,
KANNUR., PIN - 670306
SRI.RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.01.2025, ALONG WITH WP(C).15296/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3211
WP(C) NOS.15296, 17782, 27230 and 42396 OF 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
WP(C) NO. 27230 OF 2024
PETITIONER:
RAGAVAN
AGED 57 YEARS
S/O KANNAN. P.V, CHARUVATHOOR VEETIL, VALLICHAM
THODE ,ARAVANCHAL P.O., KANNUR DIST, PIN - 670351
BY ADV BIJU.P.N.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, LAND REVENUE
DEPARTMENT, THIRUVANTHAPURAM, PIN - 695001
2 THE THAHASILDAR,
TALUK OFFICE, PAYYANNUR, KANNUR DISTRICT, PIN -
670307
3 VILLAGE OFFICER
ALAPADAMBU VILLAGE OFFICE , PAYYANNUR TALUK ,
KANNUR, PIN - 670307
SRI.RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.01.2025, ALONG WITH WP(C).15296/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3211
WP(C) NOS.15296, 17782, 27230 and 42396 OF 2024
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
WP(C) NO. 42396 OF 2024
PETITIONER:
MADUSOODANAN.K.P
AGED 45 YEARS
S/O KUTHIRUKARAN RAMAN RESIDING AT POTHANKANDAM
HOUSE , PETTIKUNDU P.O, CHERUVATHUR, KASARAGOD
POWER OF ATTORNEY HOLDER REPRESENTED BY THE SAJITHA
.M. , AGED 36, W/O MADUSOODANAN.K.P , MATHAN (H)
,VELICHAMTHODE , CRPF CAMP ,ARAVANCHAL . P.O. ,
PERINGOME , KANNUR .DIST ,, PIN - 670353
BY ADVS.
BIJU.P.N.
VIPIN VARGHESE K.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY
LAND REVENUE DEPARTMENT, THIRUVANANTHAPURAM, PIN -
695001
2 THE THAHASILDAR,
TALUK OFFICE, PAYYANNUR, KANNUR DISTRICT ., PIN -
673001
3 VILLIAGE OFFICER
ALAPADAMBU VILLAGE OFFICE , PAYYANNUR TALUK ,
KANNUR., PIN - 673101
SRI.RAJEEV JYOTHISH GEORGE, GP
2025:KER:3211
WP(C) NOS.15296, 17782, 27230 and 42396 OF 2024
5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.01.2025, ALONG WITH WP(C).15296/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3211
WP(C) NOS.15296, 17782, 27230 and 42396 OF 2024
6
T.R. RAVI, J.
--------------------------------------------
W.P(C). Nos. 15296, 17782, 27230 and 42396 of 2024
--------------------------------------------
Dated this the 16th day of January, 2025
JUDGMENT
The petitioners in all these cases are persons who are
holding properties in different Survey Numbers in the same
Village in Payyannur Taluk. The petitioners, based on their
respective titles have been paying tax for the properties after
mutation was effected. They had applied for possession
certificates which has been refused. The refusal was on the
ground that these are all properties which are exempted
under Section 81 of the Kerala Land Reforms Act, 1963. This
Court, in similar cases in the very same Village, has issued
directions for issuance of possession certificate relying on the
judgment in Kinallur Rock Sand vs. State of Kerala
[2021 (2) KLT 351] which has been affirmed by the Hon'ble
Supreme Court. I do not find any reason to take a different
view in these cases.
2025:KER:3211
WP(C) NOS.15296, 17782, 27230 and 42396 OF 2024
These writ petitions are hence allowed. The Village
Officer, Alapadambu Village, Payyannur Taluk is directed to
issue possession certificate to the petitioners as applied for.
It is made clear that the issuance of the possession certificate
will not stand in the way of the Government for initiating
ceiling proceedings against the properties of the petitioners,
if so warranted.
Sd/-
T.R.RAVI
JUDGE
LEK
2025:KER:3211
WP(C) NOS.15296, 17782, 27230 and 42396 OF 2024
APPENDIX OF WP(C) 15296/2024
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE PURCHASE DEED DATED
5-2- 2020
Exhibit P2 A TRUE COPY OF THE THANDAPPER ACCOUNT
DATED 16.2.2018
Exhibit P3 A TRUE COPY OF THE LAND RECEIPTS DATED
26.5.2023
Exhibit P4 A COPY OF THE ORDER DATED 19-1-2024A COPY
OF THE ORDER DATED 19-1-2024
Exhibit P5 A COPY OF THE JUDGMENT IN WC NO
25647/2023 DATED 6.12.2023
2025:KER:3211
WP(C) NOS.15296, 17782, 27230 and 42396 OF 2024
APPENDIX OF WP(C) 17782/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE GIFT DEED DATED 26-04-
Exhibit P2 TRUE COPY OF THE TAX RECEIPTS DATED
15.1.2024
Exhibit P3 TRUE COPY OF THE ORDER NO 28/2024 DATED
31.1.2024
Exhibit P4 TRUE COPY OF THE JUDGMENT IN WPC NO
25647/2023 DATED 6.12.2023
2025:KER:3211
WP(C) NOS.15296, 17782, 27230 and 42396 OF 2024
APPENDIX OF WP(C) 27230/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PURCHASE DEED DATED 5-4-
Exhibit P2 TRUE COPY OF THE LAND TAX DATED 4.5-2023
Exhibit P3 TRUE COPY OF THE ORDER NO 16/24 DATED 25-
1-2024
Exhibit P4 TRUE COPY OF JUDGMENT IN W.P(C) 6805/202
ISSUED BY THIS HON'BLE COURT DATED
16.03.2023
2025:KER:3211
WP(C) NOS.15296, 17782, 27230 and 42396 OF 2024
APPENDIX OF WP(C) 42396/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PURCHASE DEED DATED 24-
7- 2011
Exhibit P2 TRUE COPY OF THE PURCHASE DEED
Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED
2.5.2023
Exhibit P4 TRUE COPY OF THE ORDER NO 22/2024 DATED
25.1.2024
Exhibit P5 TRUE COPY OF THE JUDGMENT IN WPC NO
32965/2024 DATED 28.10.2024
