Kerala High Court
Chandra Babu S vs The Village Officer
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 25TH DAY OF MAY 2018 / 4TH JYAISHTA, 1940
WP(C).No. 3884 of 2018
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PETITIONER:
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CHANDRA BABU S,
BABU MANDIRAM, VAKKANAD P.O,
KAREEPRA, KOLLAM - 691 509.
BY ADV.SRI.G.BHAGAVAT SINGH
RESPONDENT(S):
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1. THE VILLAGE OFFICER,
KAREEPRA VILLAGE, VAKKANAD P.O,
KARREPRA, KOLLAM - 691 509.
2. TAHASILDAR (R.R),
TALUK OFFICE, KOTTARAKKARA,
KOLLAM - 691 506.
3. THE DISTRICT COLLECTOR,
CIVIL STATION, KOLLAM - 691 013.
BY GOVERNMENT PLEADER SMT.VINITHA. B
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25-05-2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
mbr/
WP(C).No. 3884 of 2018 (I)
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APPENDIX
PETITIONERS' EXHIBITS:
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EXHIBIT P1 COPY OF THE SALE DEED NO.2254/1991 DATED 31-10-91
STANDS IN THE NAME OF PETITIONER AND HIS WIFE.
EXHIBIT P2 COPY OF THE LAND TAX DATED 24-04-17 ISSUED BY THE
1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P3 COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY
THE SUB REGISTRAR, EZHUKONE DATED 17-01-2018.
EXHIBIT P4 COPY OF THE APPLICATION DATED 22-1-2018 FILED BY
THE PETITIONER AND HIS WIFE BEFORE THE 1ST RESPONDENT.
EXHIBIT P5 COPY OF THE REVISION PETITION DATED 11-08-2016
FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P6 COPY OF THE STAY PETITION DATED 11-08-2016 FILED
BY THE PETITIONER ALONG WITH R.P BEFORE THE
3RD RESPONDENT.
EXHIBIT P7 COPY OF THE ACKNOWLEDGMENT DATED 18-08-2016
ISSUED BY THE OFFICE OF THE 1ST RESPONDENT TO
THE PETITIONER.
RESPONDENTS' EXHIBITS: NIL
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/TRUE COPY/
P.S.TO JUDGE
mbr/
28.05.2018.
SHAJI P.CHALY, J.
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W.P.(C) No.3884 of 2018
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Dated this the 25th day of May 2018
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:
a) quash the endorsement in Ext.P4 refusing the certificates by issuing writ of certiorory.
b) direct the 1st respondent to issue certificates and location sketch as applied as per Ext.P4 application, within a time frame.
c) direct the 3rd respondent to dispose Ext.P5 revision petition within a time frame.
According to the petitioner, petitioner and his wife jointly owns an extent of 14.10 Ares of land in Survey No.1029/7 in Kareepra village in Kottarakkara Taluk and they are regularly paying tax in their joint names. In the year 2011, petitioner and his wife jointly obtained loan of Rs.5 lakhs from Kareepra Service Co- operative Bank. However the same could not be repaid. Thereupon petitioner has secured money from private sources and applied for a loan from the Rural Bank Nedumonkavu to W.P.(C) No.3884 of 2018 2 settle the personal loan taken by them for paying the previous loan and the bank thereupon insisted possession certificate and location sketch for the property in question.
2. According to the petitioner, since an issue with respect to illegal quarrying is pending before the revisional authority under the provisions of the Land Conservancy Act, the respondents are reluctant to issue the certificate as is sought for by the petitioner in Ext.P4 application. It is in this back ground this writ petition is filed seeking the specified reliefs.
3. A statement is filed by the 2nd respondent, refuting the allegations and claims and demands raised in the writ petition. It is also stated there under that consequent to the illegal quarrying operations conducted by the petitioner, the respondents are entitled to proceed against the property.
4. I have considered the rival submissions made across the bar. In my considered opinion action if any initiated to recover any amount from the petitioner will not stand in the way of the respondents considering any statutory application for the issuance of possession certificate and location sketch. That will not in any manner dissuades the respondents from proceeding against the petitioner, by taking any coercive action in W.P.(C) No.3884 of 2018 3 accordance with law to recover any amounts due from the petitioner. Therefore, there will be a direction to the respondents to consider Ext.P4 application in accordance with law and attain finality to the same and if there are no other legal impediments standing in the way other than the one specified above, the application shall be allowed in accordance with law within a period of one month from the date of receipt of a copy of this judgment.
The writ petition is disposed of accordingly.
Sd/ SHAJI P.CHALY JUDGE jm/ \\ True copy \\ PA to Judge