Kerala High Court
M/S. Valiyorakunnu Developers Llp, ... vs The Tahsildar, Tirurangadi Taluk on 24 June, 2025
2025:KER:45462
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 24TH DAY OF JUNE 2025 / 3RD ASHADHA, 1947
WP(C) NO. 22026 OF 2025
PETITIONER:
1 M/S. VALIYORAKUNNU DEVELOPERS LLP,
REPRESENTED BY ITS DESIGNATED PARTNER,
SRI. N. ABDUL RAFEEQUE, POOKKOTTUR P.O., MALAPPURAM,
PIN - 676517
BY ADVS.
SHRI.PHILIP J.VETTICKATTU
SMT.NEENU BERNATH
SHRI.SAJU S. DOMINIC
RESPONDENTS:
1 THE TAHSILDAR, TIRURANGADI TALUK,
OFFICE, TIRURANGADI, MALAPPURAM, PIN - 676306
2 THE VILLAGE OFFICER,
OORAGOM, TIRURANGADI, MALAPPURAM, PIN - 676306
SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C.) No.22026 of 2025
-2-
C. JAYACHANDRAN, J.
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W.P.(C.) No.22026 of 2025
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Dated, this the 24th day of June, 2025
JUDGMENT
The petitioner, a limited liability partnership firm
engaged in quarrying and allied business applied for
mineral concession in respect of 4.7754 Hectares of land.
For that purpose, petitioner stands in need of an attested
sketch, non-assignment certificate and demarcation
certificate in terms of the Kerala Minor Mineral Concession
Rules, 2015. Ext.P10 application in this regard was filed
before the 1st respondent Tahsildar. However, the same was
refused by virtue of Ext.P13 stating that the property in
question was once a plantation exempted from the ceiling
proceedings, wherefore the said land can be used only for
that purpose.
2. Heard the learned Counsel for the petitioner and the
learned Counsel for the petitioner.
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3. Learned Counsel for the petitioner would submit that
Ext.P10 is a composite application filed before the 1 st
respondent/Tahsildar for issuance of a counter-signed
sketch, demarcation certificate and non-assignment
certificate; whereas application for demarcation
certificate and non-assignment certificate ought to have
been filed before the 2nd respondent/Village Officer.
4. This Court is of the opinion that the said anomaly
need not be stand in the way of granting reliefs to the
petitioner.
5. It is noticed that the issue involved in this Writ
Petition is already covered by various judgments of this
Court including that of Village Officer v. Karnataka
Fransalian Society [2017 (2) KLT Online 2198] and
B.M.Subraya Hegde and others v. Nalini Shenoy [2012 (4) KLJ
512].
6. Taking note of the above judgment, this Court
considered a similar situation and passed positive orders
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in favour of the petitioner therein, vide Ext.P15.
7. In the light of the above pronouncement, there will be
a direction to the 1st respondent/Tahsildar to consider
Ext.P10, especially with respect to issuance of the
counter-signed sketch to the petitioner within a period of
one month from the date of receipt of a copy of this
judgment. Once that is issued, Ext.P10 will be transmitted
by the 1st respondent/Tahsildar to 2nd respondent/Village
Officer for issuance of demarcation certificate and non-
assignment certificate. The Village Officer shall issue
those certificates within a further period of one month
from the date of receipt of Ext.P10. The petitioner will
produce a copy of this judgment before the 1 st respondent,
for compliance. As regards the endorsement to be made
while issuing certificates, the respondents will be guided
and bound by a judgment of the Division Bench of this Court
produced at Ext.P14 in this Writ Petition.
8. It is clarified that the liberty of the State is
preserved, in case it finds that the property of the
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petitioner is liable to be proceeded against in terms of
the Kerala Land Reforms Act, 1963.
The Writ Petition is disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/24-06
2025:KER:45462
APPENDIX OF WP(C) 22026/2025
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF
PARTNERSHIP DEED DATED 27-12-2022 EXECUTED
BETWEEN THE ABOVE 4 PERSONS
EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.1536/2023, OF
SRO, VENGARA, DATED 31-3-2023 EXECUTED BY
ONE SMT.BIYYA, D/O.NANATH KURUVAYIL
KUNJALAVI HAJI, MELMURI, ERANAD,
MALAPPURAM, IN FAVOUR OF THE PETITIONER
EXHIBIT P3 TRUE COPY OF DOCUMENT NO.1873/2023, DATED
4-5-2023 EXECUTED BY SMT.BIYYA, D/O.NANATH
KURUVAYIL KUNJALAVI HAJI, MELMURI, ERANAD,
MALAPPURAM, IN FAVOUR OF THE PETITIONER
EXHIBIT P4 TRUE COPY OF DOCUMENT NO.997/2024 OF SRO
VENGARA, DATED 7-3-2024, EXECUTED BY
MR.MUHAMMED ALIAS KUNJOOTTY, S/O.NANATH
KURUVAYIL KUNJALAVI HAJI, MELMURI, ERANAD,
MALAPPURAM,
EXHIBIT P5 TRUE COPY OF THE SALE DEED BEARING
NO.2376/2021, DATED 12-7-2021, OF SRO
VENGARA,
EXHIBIT P6 TRUE COPY OF THE PARTITION DEED BEARING
NO.3444/1999, DATED 26-11- 1999, OF SRO
MALAPPURAM
EXHIBIT P7 TRUE COPY OF THE CONSENT ISSUED TO THE
PETITIONER BY M/S.NOORAKKAD GRANITES
PVT.LTD., DATED 9-10-2024,
EXHIBIT P8 TRUE COPY OF THE CONSENT ISSUED TO THE
PETITIONER BY SMT. PATHUMMA DATED 30-9-2024
EXHIBIT P9 TRUE COPY OF THE CONSENT ISSUED TO THE
PETITIONER BY SMT.KHADEEJA DATED 13-8-2024
EXHIBIT P10 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER ALONG WITH DEMARCATION
CERTIFICATE, NON-ASSIGNMENT CERTIFICATE AND
SKETCH
EXHIBIT P11 TRUE COPY OF TAX RECEIPT ISSUED BY THE
VILLAGE OFFICER, OORAGOM VILLAGE, WITH
RESPECT TO THE PROPERTY OWNED BY THE
PETITIONER FOR THE PERIOD 2024 - 25 VIDE
THANDAPER NO.8569
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EXHIBIT P11a TRUE COPY OF TAX RECEIPT DATED 01-07-2024
ISSUED BY THE VILLAGE OFFICER, OORAGOM
VILLAGE, WITH RESPECT TO THE PROPERTY OWNED
BY M/S.NOORAKKAD GRANITES PVT. LTD. FOR THE
PERIOD 2024 - 25 VIDE THANDAPER NO.8278
EXHIBIT P11b TRUE COPY OF TAX RECEIPT DATED 20-07-24
ISSUED BY THE VILLAGE OFFICER, OORAGOM
VILLAGE, WITH RESPECT TO THE PROPERTY OWNED
BY SMT.PATHUMMA FOR THE PERIOD 2024 - 25
VIDE THANDAPER NO.2480
EXHIBIT P11c TRUE COPY OF TAX RECEIPT DATED 15-07-24
ISSUED BY THE VILLAGE OFFICER, OORAGOM
VILLAGE, WITH RESPECT TO THE PROPERTY OWNED
BY SMT.KHADEEJA FOR THE PERIOD 2024 - 25
VIDE THANDAPER NO.6620
EXHIBIT P12 TRUE COPY OF POSSESSION CERTIFICATE ISSUED
BY THE VILLAGE OFFICER, OORAGOM VILLAGE,
BEARING NO.89144775 DATED 24-10- 2024, WITH
RESPECT TO THE PROPERTY OF THE PETITIONER
EXHIBIT P12a TRUE COPY OF POSSESSION CERTIFICATE ISSUED
BY THE VILLAGE OFFICER, OORAGOM VILLAGE,
BEARING NO.89144994 DATED 24-10- 2024, WITH
RESPECT TO THE PROPERTY OF THE PETITIONER
EXHIBIT P12b TRUE COPY OF POSSESSION CERTIFICATE ISSUED
BY THE VILLAGE OFFICER, OORAGOM VILLAGE,
BEARING NO.89145209 DATED 24-10- 2024, WITH
RESPECT TO THE PROPERTY OF THE PETITIONER
EXHIBIT P12c TRUE COPY OF POSSESSION CERTIFICATE ISSUED
BY THE VILLAGE OFFICER, OORAGOM VILLAGE,
BEARING NO.89145694 DATED 24-10- 2024,WITH
RESPECT TO THE PROPERTY OF M/S.NOORAKKAD
GRANITES PVT. LTD.
EXHIBIT P12d TRUE COPY OF POSSESSION CERTIFICATE ISSUED
BY THE VILLAGE OFFICER, OORAGOM VILLAGE,
BEARING NO.89132434 DATED 23-10- 2024,WITH
RESPECT TO THE PROPERTY OF SMT.PATHUMMA
EXHIBIT P12e TRUE COPY OF POSSESSION CERTIFICATE ISSUED
BY THE VILLAGE OFFICER, OORAGOM VILLAGE,
BEARING NO.89585403 DATED 16-11- 2024,WITH
RESPECT TO THE PROPERTY OF SMT.KADEEJA
EXHIBIT P13 TRUE COPY OF THE PROCEEDINGS OF THE 1 ST
RESPONDENT BEARING NO.TLKTDI/65/2025-B1
DATED 26-5-2025 AND ITS TYPED COPY
Exhibit P14 TRUE COPY OF THE JUDGMENT PASSED BY THIS
HON'BLE COURT IN DISTRICT COLLECTOR V.
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SAJITHLAL (2023 KLT ONLINE 1225)
EXHIBIT P15 TRUE COPY OF THE JUDGMENT PASSED BY THIS
HONBLE COURT IN W.P.(C) NO.27700/2023
(M/S.ROCK N ROCK ASSOCIATES PRIVATE LTD.,
VS. THE TAHSILDAR, THALAPPILLY TALUK &
ANOTHER), DATED 25-6- 2024
EXHIBIT P16 TRUE COPY OF THE JUDGMENT PASSED BY THIS
HON'BLE COURT IN W.P.(C) NO.7574/2024
(ALBIN &OTHERS VS. THE TAHSILDAR & ANOTHER)
DATED 10-9-2024
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
