M/S. Kar Granites Pvt Ltd vs The Geologist
2025 Latest Caselaw 2980 Ker

Kerala High Court

M/S. Kar Granites Pvt Ltd vs The Geologist on 28 January, 2025

Author: T.R.Ravi

Bench: T.R.Ravi

WP(C) NO. 41880 OF 2024

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                                                          2025:KER:6584
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE T.R.RAVI

        TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946

                       WP(C) NO. 41880 OF 2024

PETITIONERS:

    1       M/S. KAR GRANITES PVT LTD,
            A COMPANY REGISTERED UNDER THE COMPANIES ACT 2013,
            WITH ITS REGISTERED OFFICE AT DOOR NO. 11/51N,
            AR TOWER BUILDING, PALLARIMANGALAM P.O,
            ADIVADU, 686 671,
            REPRESENTED BY ITS MANAGING DIRECTOR
            SRI. RAFSAL P.B., AGED 43 YEARS,
            S/O. BASHEER

    2       AFSAL K.M.,
            43 YEARS, S/O MUHAMMED,
            KALLARACKAKUDIYIL HOUSE, ADIVADU,
            PALLARIMANGALAM P.O., PIN-686 671.

    3       KABEER M.M.,
            S/O.MUHAMMED, ALLAMKUNNEL HOUSE,
            ADIVADU, PALLARIMANGALAM P.O., PIN-686 671,
            REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
            AFSAL, 43 YEARS, S/O MUHAMMED,
            KALLARACKAKUDIYIL HOUSE, ADIVADU,
            PALLARIMANGALAM P.O., PIN-686 671.

    4       RAFSAL P.B.,
            S/O.BAHSEER P.M., PAINAYIL HOUSE, ADIVADU,
            PALLARIMANGALAM P.O., PIN-686 671,
            REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
            AFSAL, 43 YEARS, S/O MUHAMMED,
            KALLARACKAKUDIYIL HOUSE, ADIVADU,
            PALLARIMANGALAM P.O., PIN-686 671


            BY ADVS.
            SRI.DINESH R.SHENOY
            SMT.KRIPA ELIZABETH MATHEWS
            SMT.HELAN PAULOSE
 WP(C) NO. 41880 OF 2024

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                                                     2025:KER:6584
          SMT.PANCHAMI MENON
          SMT.SHANTHIPRIYA D. SHENOY
          SRI.MOHAMED SHALI NAMSHAD



RESPONDENTS:

    1     THE GEOLOGIST,
          MINING AND GEOLOGY, DISTRICT OFFICE,
          ERNAKULAM, CIVIL STATION, KAKKANAD,
          COCHIN., PIN - 686 030

    2     THE TAHSILDAR,
          TALUK OFFICE,
          KOTHAMANGALAM, PIN - 686 691

    3     THE VILLAGE OFFICER,
          KUTTAMANGALAM VILLAGE,
          KUTTAMANGALAM, PIN - 686 691

    4     THE DIRECTOR,
          MINING AND GEOLOGY,
          DIRECTORATE OF MINING AND GEOLOGY,
          KESAVADASAPURAM, PATTOM PALACE P.O.
          THIRUVANANTHAPURAM, PIN - 695 004


          SMT.DEEPA NARAYANAN. SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 41880 OF 2024

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                                                                   2025:KER:6584
                                 T.R.RAVI.J
              -------------------------------------------------------
                         WP(C) No.41880 of 2024
            --------------------------------------------------------
               Dated this the 28th day of January, 2025

                                 JUDGMENT

The prayer in the writ petition is for a direction to

the 2nd and 3rd respondents to grant to the petitioner a

duly counter signed Demarcation Certificate, Non

Assignment Certificate, Possession Certificate and Distance

Certificate with regard to the properties covered by Ext.P3

application and Exts.P4 to P14 certificates/reports.

2. The petitioner relies on Ext.P18 judgment of

this Court in WPC No.18555/2022 dated 27.06.2022

wherein, this Court had held that as long as the title is

not disputed, there can be no denial of the revenue

certificates.

3. A statement has been filed by the 2 nd

respondent wherein it is stated that the land involved is a WP(C) NO. 41880 OF 2024

2025:KER:6584 part of 233.31 Acres of land owned and possessed by Mar

Sleeva Church and that a proposal for initiating land

ceiling case against Mar Sleeva Church under the Kerala

Land Reforms Act, 1963 has been submitted to the

Secretary, Land Board on 30.09.2024. It is further

submitted that the land owned and possessed by the

petitioner company is also included in the list of lands

possessed by Mar Sleeva Church.

4. Heard the counsel for the petitioner and the

Government Pleader.

5. The contentions raised in the statement are not

relevant for the purpose of issuance of revenue certificates

which have been sought for by the petitioner. The very

fact that a ceiling case is proposed to be initiated would

mean that title is not disputed. The proposal alone would

not take away the title or disentitle the title holder for

claiming revenue certificates. WP(C) NO. 41880 OF 2024

2025:KER:6584

6. The writ petition is hence allowed. There will

be a direction to respondents 2 and 3 to grant to the

petitioner a duly counter signed Demarcation Certificate,

Non Assignment Certificate, Possession Certificates and

Distance Certificate with regard to the properties covered

by Ext.P3 application and Exts.P4 to P14 certificates/

reports within six weeks from the date of receipt of a copy

of this judgment. This direction will not in any manner

prejudice the right of the Government to initiate the action

proposed in paragraph No.4 of the statement dated

10.12.2024.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 41880 OF 2024

2025:KER:6584 APPENDIX OF WP(C) 41880/2024

PETITIONER's EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF CERTIFICATE OF INCORPORATION DATED 20/1/2021.

Exhibit P2 TRUE PHOTOCOPY OF MEMORANDUM OF ASSOCIATION OF THE PETITIONER COMPANY NOTARIZED ON 15/4/2021.

Exhibit P3 TRUE PHOTOCOPY OF APPLICATION 6/2/2021 SUBMITTED BY THE PETITIONER.

Exhibit P4 TRUE PHOTOCOPY OF NON-ASSIGNMENT CERTIFICATE DATED 2/2/2021 ISSUED TO THE PETITIONER BY 3RD RESPONDENT.

Exhibit P5 TRUE PHOTOCOPY OF DEMARCATION CERTIFICATE DATED 2/2/2021 ISSUED TO THE PETITIONER BY THE THIRD RESPONDENT.

Exhibit P6 TRUE PHOTOCOPY OF CERTIFICATE NO.53/2021(3) DATED 2/2/2021 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT

Exhibit P7 TRUE PHOTOCOPY OF BASIC TAX RECEIPT DATED 15/4/2021, THANDAPER NO 12552, ISSUED BY 3RD RESPONDENT.

Exhibit P8 TRUE PHOTOCOPY OF BASIC TAX RECEIPT DATED 15/4/2021 THANDAPER NO. 16201 ISSUED BY 3RD RESPONDENT.

Exhibit P9 TRUE PHOTOCOPY OF BASIC TAX RECEIPTS DATED 15/4/2021 THANDAPER NO. 16025 ISSUED BY 3RD RESPONDENT.

Exhibit P10 TRUE PHOTOCOPY OF POSSESSION CERTIFICATE NO.

55685646 DATED 16/4/2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P11 TRUE PHOTOCOPY OF POSSESSION CERTIFICATE NO.

55686063 DATED 16/4/2021 ISSUED BY THE 3RD RESPONDENT.

WP(C) NO. 41880 OF 2024

2025:KER:6584 Exhibit P12 TRUE PHOTOCOPY OF POSSESSION CERTIFICATE NO.

55686176 DATED 16/4/2021 ISSUED BY THE 3RD RESPONDENT

Exhibit P13 TRUE PHOTOCOPY OF THE REPORT SUBMITTED BY THE 1ST RESPONDENT DATED 23/3/2021

Exhibit P14 TRUE PHOTOCOPY OF THE SITE INSPECTION REPORT DATED 19/4/2021 ISSUED BY 1ST RESPONDENT

Exhibit P15 TRUE PHOTOCOPY OF JUDGMENT DATED 4/7/2024 IN WP(C)NO.9638/2022, HIGH COURT OF KERALA.

Exhibit P16 TRUE PHOTOCOPY OF SURVEY MAP ISSUED TO THE PETITIONER BY RESPONDENTS 2 AND 3.

Exhibit P17 TRUE PHOTOCOPY OF LETTER DATED 24/10/2024 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P18 TRUE PHOTOCOPY OF JUDGMENT DATED 27/6/2022 IN WP (C) NO.18555/2022, HIGH COURT OF KERALA.

Exhibit P19 TRUE PHOTOCOPY OF JUDGMENT DATED 10/9/2024 IN WP (C)NO. 7574/2024, HIGH COURT OF KERALA.

Exhibit P20 TRUE PHOTOCOPY OF POWER OF ATTORNEY DATED 4/1/2025 EXECUTED BY 3RD PETITIONER IN THE NAME OF 2ND PETITIONER.

Exhibit P21 TRUE PHOTOCOPY OF POWER OF ATTORNEY DATED 4/1/2025 EXECUTED BY 4TH PETITIONER IN THE NAME OF THE 2ND PETITIONER.