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 7 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 8 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 9 APPENDIX OF WP(C) 17782/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE GIFT DEED DATED 26-04- 2010 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 10 APPENDIX OF WP(C) 27230/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PURCHASE DEED DATED 5-4- 2010 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 11 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