Kerala High Court
Thomas Varghese vs The State Of Kerala on 4 June, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 16855 OF 2024
PETITIONER:
THOMAS VARGHESE, AGED 57 YEARS
S/O VARKEY, MANNACHERI HOUSE, UPPUTHARA KARA,
UPPUTHARA IDUKKI DIST, KERALA, PIN - 685505
BY ADVS.
BIJU .C. ABRAHAM
THOMAS C. ABRAHAM
BASIL MATHEW
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE SPECIAL OFFICER & COLLECTOR
GOVERNMENT LAND RESUMPTION, THIRUVANANTHAPURAM,
PIN - 695001
3 THE DISTRICT COLLECTOR
IDUKKI DISTRICT, COLLECTORATE, IDUKKI,
PIN - 685603
4 THE TAHSILDAR
PEERMADE TALUK, IDUKKI DISTRICT,
PIN - 685538
5 THE VILLAGE OFFICER
UPPUTHARA VILLAGE, PEERMADE TALUK,
IDUKKI DISTRICT, PIN - 685505
SENIOR GOVERNMENT PLEADER, ADV. JAFFER KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16855 OF 2024
2
JUDGMENT
Dates this the 4th day of June, 2024 A.MUHAMED MUSTAQUE(J) In this writ petition, the petitioner claims title over the property in Peermade Tea Company Ltd. The Government initiated proceedings under the Land Conservancy Act, to resume the land from the holders of the land who obtained land from Peermade Tea Company Ltd. This Court interdicted the resumption and held that the remedy of the State is to file a civil suit for recovery.
2. A series of judgments have been passed by this Court directing Revenue Authorities to act upon the request of land holders in issuing revenue certificate. Following the above judgments, this Court directed the revenue authority to issue location sketch, ROR, genuity certificate etc. In this case, the petitioner placed reliance on Exts.P5 and P6 judgments.
In the light of the above judgments, we direct the revenue officials to issue all revenue certificates as sought by the petitioner, in accordance with law, without any adverse entry. This will be subject to any proceedings initiated by the State Government, in accordance with law, including a civil suit. We WP(C) NO. 16855 OF 2024 3 also make it clear that any fragmentation of land also would entitle in initiating action under the Land Reforms Act. We reserve the liberty to the State Government, to proceed in accordance with law.
The Writ Petition is disposed of accordingly.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SHOBA ANNAMMA EAPEN JUDGE RK WP(C) NO. 16855 OF 2024 4 APPENDIX OF WP(C) 16855/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO 3196/2006 DATED 13/11/2006 OF PEERMADE SRO Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 22/04/2024 Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT DATED 22/04/2024 Exhibit P4 TRUE COPY OF THE PROCEEDINGS NO. GLR(LR) 210/15/PER-TCO DATED 12/8/2016 OF THE SPECIAL OFFICER & COLLECTOR Exhibit P4(a) A TRUE COPY OF THE GO NO. 172/2019 ISSUED BY THE 1ST RESPONDENT ON 6/6/2019 Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 7/11/2018 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 40002/2016 AND CONNECTED CASES Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 18/2/2019 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 4647/2019 Exhibit P7 A TRUE COPY OF JUDGMENT DATED 20/02/2024 IN W.P.(C). NO. 2768/2024