Avirah Philip vs The State Of Kerala on 19 March, 2019

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Kerala High Court

Avirah Philip vs The State Of Kerala on 19 March, 2019

Bench: A.Muhamed Mustaque

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    TUESDAY ,THE 19TH DAY OF MARCH 2019 / 28TH PHALGUNA, 1940

                         WP(C).No. 8303 of 2019

PETITIONER/S:

                AVIRAH PHILIP
                AGED 66 YEARS
                S/O. PHILIP,
                PALACKATHADATHIL, UPPUTHARA P.O.,
                IDUKKI 685 505.

                BY ADV. SRI.BIJU .C. ABRAHAM

RESPONDENT/S:

      1         THE STATE OF KERALA
                REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
                REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM 695 001.

      2         THE STATE SPECIAL OFFICER,
                AND COLLECTOR, GOVERNMENT LAND RESUMPTION,
                THIRUVANANTHAPURAM 695 001.

      3         THE DISTRICT COLLECTOR,
                IDUKKI DISTRICT, COLLECTORATE, IDUKKI 685 603.

      4         THE TAHSILDAR,
                PEERMADE TALUK, IDUKKI DISTRICT 685 538.

      5         THE VILLAGE OFFICER,
                UPPUTHARA VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT
                685 505.

      6         UPPUTHARA PANCHAYAT,
                UPPUTHARA REPRESENTED BY ITS SECRETARY 685 505.



OTHER PRESENT:
             PM MANOJ GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
19.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No. 8303 of 2019

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                         JUDGMENT

The petitioner approach this Court as the Revenue Authorities refused issuance of Possession Certificate, Location Sketch, ROR Certificate, Regular Tax Receipt etc. In the light of the pendency of the W.P.(C).No. 4002/2016 before this Court, respondents refused to issue such Certificate. In fact this Court dismissed the above writ petition as per Ext.P5. Taking note of the above this Court in Ext.P6 judgment directed the Revenue Authorities to act upon the request for issuance of such certificate without any endorsement regarding pendency of W.P.(C).No. 4002/2016.

In the light of Exts.P5 and P6 judgments, there shall be a direction to the 5th respondent-Village Officer to issue all Revenue Certificates to the petitioner without any endorsement. This shall be done in the light of Ext.P5 and P6 judgments as expeditiously as possible at any rate, within a period of one month.

Sd/-


                                         A.MUHAMED MUSTAQUE

   Dxy                                              JUDGE
 WP(C).No. 8303 of 2019

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                            APPENDIX
   PETITIONER'S/S EXHIBITS:

   EXHIBIT P1            TRUE COPY OF THE GIFT DEED NO.

1360/1990 DATED 5/10/1990 OF PEERMADE SRO.

EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 16/3/2019 FOR PAYMENT BASIC TAX FOR THE YEAR 2018-19 EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO.GLR (LR) 210/15/PEE-TCO DATED 12/8/2016 OF THE SPECIAL OFFICER AND COLLECTOR. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 7/11/2018 PASSED BY THIS HONBLE COURT IN WPC NO. 40002/2016 AND CONNECTED CASES.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 18/2/2019 PASSED BY THIS HONBLE COURT IN WPC NO. 4647/2019.

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