Kerala High Court
C Sureshkumar vs State Of Kerala on 1 April, 2026
WP(C) NO. 30548 OF 2025 1 2026:KER:29330
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 1ST DAY OF APRIL 2026 / 11TH CHAITHRA, 1948
WP(C) NO. 30548 OF 2025
PETITIONER:
C SURESHKUMAR
AGED 61 YEARS
S/O CHELLAPAN PILLAI,MANIKANDAMVILASAM, PEYAD,
KURISUMUTTOM, THIRUVANANTHAPURAM, PIN - 689532
BY ADVS.
SHRI.ARUN V.G. (K/795/2004)
SMT.V.JAYA RAGI
SHRI.R.HARIKRISHNAN (KAMBISSERIL)
SRI.NEERAJ NARAYAN
SMT.SREELAKSHMI J PILLAI
SMT.A.S.SALMA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
STATUE, THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR
KOTTAYAM, OFFICE OF THE DISTRICT COLLECTOR,
COLLECTORATE, KUMILY ROAD, KOTTAYAM, PIN - 686002
3 TAHSILDAR (SUBSTITUTED)
MEENACHIL TALUK, OFFICE OF THE TAHSILDAR MEENACHIL,
TALUK OFFICE, MEENACHIL, MINI CIVIL STATION,
WP(C) NO. 30548 OF 2025 2 2026:KER:29330
PALA-RAMAPURAM ROAD, PALA, KOTTAYAM- 686575 IS
SUBSTITUTED BY 'THE TAHSILDAR, KANJIRAPPALLY TALUK,
OFFICE OF THE TAHSILDAR KANJIRAPPALLY, TALUK OFFICE ,
MINI CIVIL STATION, KUMILY ROAD, KOTTAYAM -686507' ---
AS PER THE ORDER DTD. 02.12.2025 IN IA 2/25 IN THE WPC
4 VILLAGE OFFICER (SUBSTITUTED)
TEEKOY, OFFICE OF THE VILLAGE OFFICER TEEKOY,
PANCHAYATH JUNCTION, TEEKOY, MEENACHIL, KOTTAYAM- IS
SUBSTITUTED BY 'THE VILLAGE OFFICER, KANJIRAPPALLY ,
OFFICE OF THE VILLAGE OFFICER KANJIRAPPALLY, KOTTAYAM-
686507 -- AS PER THE ORDER DTD. 2.12.2025 IN IA 2/25 IN
WPC, PIN - 686577
OTHER PRESENT:
GP-SRI.AJITH VISWANATHAN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.04.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30548 OF 2025 3 2026:KER:29330
JUDGMENT
The petitioner is aggrieved by the remarks in Ext.P3 possession certificate issued by the 4th respondent/ Village Officer to the effect that the property in question is an exempted land under the Kerala Land Reforms Act, 1963 (for short, the KLR Act). This Court has clarified in various judgments including Ext.P4 that exemption in terms of Section 81 of KLR Act cannot restrict the user of the land at the hands of the purchaser. The very issue as to an adverse entry in this regard can be made in the possession certificate was considered by a Division Bench in Village Officer v. Karnataka Fransalian Society [2017 KHC 7572]. It is taking stock of that Bench decision that Ext.P4 decision was rendered by a learned Single Judge of this Court. The petitioner is entitled to similar treatment.
2. In the circumstances, there will be a direction to the 4th respondent/Village Officer to issue a fresh WP(C) NO. 30548 OF 2025 4 2026:KER:29330 possession certificate without indicating in the remarks column that the property is an exempted land under the KLR Act. Let the above exercise be completed within a period of one month from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment before the 4th respondent, for compliance. This Writ Petition is allowed as above.
Sd/-
C. JAYACHANDRAN JUDGE ska WP(C) NO. 30548 OF 2025 5 2026:KER:29330 APPENDIX OF WP(C) NO. 30548 OF 2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF LAND TAX RECEIPT DATED 03.09.2022 ISSUED BY KANJIRAPPALLY VILLAGE OFFICE Exhibit P2 THE TRUE COPY OF THANDAPPER ACCOUNT PERTAINING TO THANDAPPER NO. 449 IN THE ROLLS OF KANJIRAPPALLY VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT DATED 29/07/2025 Exhibit P3 THE TRUE COPY OF POSSESSION CERTIFICATE NO.
95986710 DATED 30.07.2025 ISSUED BY VILLAGE OFFICE, KANJIRAPPALLY Exhibit P4 A TRUE COPY OF THE SAID JUDGEMENT IN WP(C) 44588/2024 DATED 08/01/2025