Kerala High Court
Bindhu K.R vs State Of Kerala on 8 January, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
2025:KER:1309
WP(C) NO. 44588 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 8TH DAY OF JANUARY 2025 / 18TH POUSHA, 1946
WP(C) NO. 44588 OF 2024
PETITIONERS:
1 BINDHU K.R
AGED 57 YEARS
W/O SREEKUMAR M,
GOKULAM, SREEKARYAM,
ANPADI NAGAR-2 B,
THIRUVANANTHAPURAM,
PIN - 695017
2 NAJEEB A
AGED 41 YEARS
S/O H ABDUL SHAREEF,
SAJEENA, CHANDANATHOPE,
PERINAD, KOLLAM,
PIN - 691014
3 DR. SALIM M
AGED 67 YEARS
S/O MOIDHEEN PICHA,
ROSHINI, SREEKARYAM,
THIRUVANANTHAPURAM,
PIN - 695017
4 VIMALA A.C
AGED 69 YEARS
D/O CHATHAKUTTY,
HOUSE NO: 210, SNEHA BHAVAN,
SHIVARAM KARANTH NAGAR,
KARNATAKA, PIN - 560077
5 BINDHU GANESH
AGED 51 YEARS
W/O GANESH M PILLAI,
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WP(C) NO. 44588 OF 2024
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NEERETTIL, BHARATHANNUR,
ANAKUDI, THIRUVANANTHAPURAM,
PIN - 695609
6 BINDHU SUDHEER
AGED 58 YEARS
W/O SUDHEER
THULASIDHARAN SUPRABHA,
SHIVAGANGA, ULIYAKOVIL,
KOLLAM, PIN - 691019
7 RAVEENA
AGED 23 YEARS
D/O RAJESH,
MANGLAVILAYIL, PULIMATH,
THIRUVANANTHAPURAM,
PIN - 695612
8 RASEENA A
AGED 38 YEARS
W/O DR. RIYAS AHAMMED,
NAZRIN, CHAVARA, KOLLAM,
PIN - 691583
9 SIJU DAVIS
AGED 35 YEARS
S/O DAVIS, KOLENCHERY,
PULLAZHI, ERNAKULAM,
PIN - 680012
0 SAJEEV K.S
AGED 39 YEARS
S/O SACHITHANANDHAN,
PUTHUSSERY, CHALAKUDY,
THRISSUR, PIN - 680307
11 SUDEESH KRISHNAN NAIR
AGED 35 YEARS
S/O KRISHNAN NAIR,
KIZHAKKE ULLANNOOR,
NATTASSERY S.H MOUNT,
NATTASSERY, KOTTAYAM,
PIN - 686006
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12 PREETHA SUDEESH
AGED 32 YEARS
W/O SUDEESH KRISHNAN NAIR,
KIZHAKKE ULLANNOOR,
NATTASSERY S.H MOUNT,
NATTASSERY, KOTTAYAM, PIN - 686006
13 ARYA VINAY
AGED 28 YEARS
D/O VINAYAKUMAR, ROHINI,
KOWDIAR, THIRUVANANTHAPURAM,
PIN - 695003
14 SHANU K.C
AGED 44 YEARS
S/O ABDUL RAHIMAN K.C,
PALAKKUZHIYIL, KODIYATHUR,
KOZHIKODE, PIN - 673602
15 ARSHAD C,
AGED 29 YEARS
S/O UMMER, CHEMPAKASSERY,
VATTALOOR, MALAPPURAM,
PIN - 676507
16 NAZRUDEEN A
AGED 57 YEARS
S/O ABDUL AZEEZ, KOTTAPPURAM,
PERINAD, KOLLAM, PIN - 691601
17 SAJILA M
AGED 52 YEARS
W/O NAZRUDEEN A,
KOTTAPPURAM, PERINAD,
KOLLAM, PIN - 691601
18 BIJU C.T,
AGED 38 YEARS
S/O THANKAPPAN,
CHAKKALAKKAL HOUSE,
MARADU P.O, ERNAKULAM,
PIN - 682304
19 AL-FAYAD SHAJAHAN
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AGED 58 YEARS
S/O SHAJAHAN B, SHALIMAR,
KAVANAD, KUREEPUZHACHERRY,
KOLLAM, PIN - 691003
0 C.I SHAJU
AGED 38 YEARS
S/O INASU, NITHYA GARDENS,
VINAYAKA HOMES, EROOR,
ERNAKULAM, PIN - 682306
21 VARGHESE JOSEPH
AGED 44 YEARS
S/O JOSEPH, 19/304,
LAYIPPALLY HOUSE, THRIPPUNITHURA,
ERNAKULAM, PIN - 682301
22 SUSHIL V ANTONY
AGED 54 YEARS
S/O ANTONY, 28/428A,
VADASSERY HOUSE,
COCHIN UNIVERSITY P.O,
THRIKKAKKARA, ERNAKULAM,
PIN - 682022
23 JOE JOSEPH
AGED 54 YEARS
S/O T.C JOSEPH,
27/2022, ROSE VILLA,
KADAVANTHRA P.O, ERNAKULAM,
PIN - 682020
24 SUDHEER K.S
AGED 51 YEARS
S/O K.G. SURENDRAN,
KONNOTH, PANANGAD P.O,
ERNAKULAM, PIN - 682506
25 SANTHOSH PRASAD VEETTILETHU
AGED 57 YEARS
S/O SIVAPRASAD P,
201, SONA RESIDENCY,
GEETANJALY LAYOUT,
NEW THIPPASANDRA P.O,
KARNATAKA, PIN - 560075
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BY ADVS.
ARUN V.G. (K/795/2004)
V.JAYA RAGI
R.HARIKRISHNAN (KAMBISSERIL)
NEERAJ NARAYAN
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
MEENACHIL TALUK, OFFICE OF THE TAHSILDAR MEENACHIL,
TALUK OFFICE, MEENACHIL, MINI CIVIL STATION,
PALA-RAMAPURAM ROAD, PALA,
KOTTAYAM, PIN - 686575
4 VILLAGE OFFICER
TEEKOY, OFFICE OF THE VILLAGE OFFICER TEEKOY,
PANCHAYATH JUNCTION, TEEKOY,
MEENACHIL, KOTTAYAM, PIN - 686577
SRI. RAJEEV JYOTHISH GEORGE, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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T.R. RAVI, J.
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W.P.(C). No.44588 of 2024
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Dated this the 8th day of January, 2025
JUDGMENT
The 1st petitioner claims to be the owner in possession of the property having an extent of 5.6 Ares comprised in Re-Survey Nos.356/7 of Teekoy Village, Meenachil Taluk, Kottayam District. Ext.P1 is the land tax payment receipt in respect of the said property. Similarly, the 2nd petitioner claims to be the owner in possession of 4.5 Ares of property comprised in Re-Survey Nos.356/11 of Teekoy Village, Meenachil Taluk, Kottayam District. Ext.P2 is the land tax payment receipt in respect of the said property. The petitioners 3 to 25 have also purchased properties in different Re-Survey numbers of Teekoy Village, Meenachil Taluk, Kottayam District.
2. The 3rd respondent vide Ext.P4 letter directed the authorities including the 4th respondent to issue revenue certificates to the petitioners with respect to their properties mentioned above with an endorsement that such properties are 2025:KER:1309 WP(C) NO. 44588 OF 2024 7 exempted under Section 81 of the Kerala Land Reforms Act, 1963 (for short 'the KLR Act'). Consequent to Ext.P4 letter, the 4 th respondent made an entry in the Thandapper Account of the properties of the petitioners that the same are exempted land under Section 81 of the KLR Act. In the possession certificate and other revenue certificates issued to the petitioners, similar entries have been made. Aggrieved by the same, the petitioners have approached this Court.
3. I have heard Sri. Arun V. G., the learned counsel for the petitioners and Smt.Rajeev Jyothish George, the learned Government Pleader.
4. The learned counsel for the petitioners submitted that the 3rd and 4th respondents are incompetent and lack jurisdiction to decide or remark that the properties of the petitioners are exempted land under Section 81 of the KLR Act and hence Ext.P4 letter of the 3rd respondent and the consequent endorsement or remark made in the revenue records pertaining to the aforesaid properties of the petitioners by the 4th respondent to the effect that the properties are exempted under Section 81 of 2025:KER:1309 WP(C) NO. 44588 OF 2024 8 the KLR Act is illegal and liable to be interfered with. In support of the said submission, the learned counsel for the petitioners relied on the decision of the Division Bench of this Court in Village Officer V. Karnataka Fransalian Society (2017 KHC 7572). On a perusal of the said decision, I find that the issue is squarely covered. It was held in the said decision that "whether the property is an exempted property or its user is restricted which cannot be changed, would be a matter that would separately come up for consideration as the occasion may arise by its user, by the purchaser or by any other person and those proceedings cannot be pre-empted by any adverse entry in the possession certificate." In the light of the dictum laid down in the above decision, the entry made by the 3rd and 4th respondents in the revenue records pertaining to the properties of the petitioners and the issuance of the possession certificate with adverse remark cannot be sustained. The consequent entry in the Thandapper Account also cannot be sustained.
5. Hence, the 3rd and 4th respondents are directed to remove the entries made in all the revenue records including the 2025:KER:1309 WP(C) NO. 44588 OF 2024 9 Thandapper Account, possession certificate, record of rights etc. pertaining to the properties of the petitioners and to issue fresh Thandapper Account, possession certificate and record of rights to the petitioners with respect to the said properties without the endorsement that the same are exempted under Section 81 of the KLR Act within a period of one month from the date of receipt of a certified copy of this judgment.
The Writ Petition is allowed as above.
Sd/-
T.R. RAVI JUDGE Pn 2025:KER:1309 WP(C) NO. 44588 OF 2024 10 APPENDIX OF WP(C) 44588/2024 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF LAND TAX RECEIPT DATED 14.12.2023 ISSUED BY TEEKOY VILLAGE OFFICE Exhibit P2 THE TRUE COPY OF LAND TAX RECEIPT DATED 14.12.2023 ISSUED BY TEEKOY VILLAGE OFFICE Exhibit P3 THE TRUE COPY OF THE OPINION SOUGHT BY VILLAGE OFFICER TEEKOY DATED 29.09.2023 FROM TAHSILDAR MEENACHIL Exhibit P4 THE TRUE COPY OF LETTER DATED 13.10.2023 NUMBERED D5-4478/23 ISSUED BY TAHSILDAR MEENACHIL TO THE VILLAGE OFFICER, TEEKOY Exhibit P5 THE TRUE COPY OF THANDAPPER ACCOUNT PERTAINING TO THANDAPPER NO. 2325 WHICH BELONGS TO THE 1ST PETITIONER IN THE ROLLS OF TEEKOY VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT Exhibit P6 THE TRUE COPY OF THANDAPPER ACCOUNT PERTAINING TO THANDAPPER NO. 2327 WHICH BELONGS TO 2ND PETITIONER IN THE ROLLS OF TEEKOY VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT Exhibit P7 THE TRUE COPY OF THE JUDGMENT DATED 05.11.2024 PRONOUNCED BY THIS HON'BLE COURT