Kakkante Ajith v. The Village Officer, Eramam Village

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 WP(C).No. 30710 of 2015 (K) ---------------------------- PETITIONER:

------------------- KAKKANTE AJITH, S/O. KORAN, ERAMAM AMSOM DESOM, PULLUPARA, P.O.ERAMAM, THALIPARAMBA TALUK, KANNUR DISTRICT.

BY ADV. SRI.T.PRAVEEN RESPONDENT(S):

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1. THE VILLAGE OFFICER, ERAMAM VILLAGE, ERAMAM, P.O. MATHAMANGALAM - 670 306, KANNUR DISTRICT.

2. THE TAHSILDAR, TALIPARAMBA - 670 141, KANNUR DISTRICT.

3. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, TRIVANDRUM - 695 001.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-10-2015 LONG WITH WPC.30782/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 30710 of 2015 (K) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT-P1TRUE COPY OF THE SETTELEMENT DEED NO.1297/1986 EXECUTED BY THE MOTHER OF THE PETITIONER.

EXHIBIT-P2TRUE COPY OF THE PURCHASE CERTIFICATE NO. 18910/1977. EXHIBIT-P3TRUE COPY OF THE JUDGMENT IN W.P(C) 25782/2008 DATED 30/10/2008 OF THIS HON'BLE COURT.

EXHIBIT-P4RUE COPY OF THE LETTER DATED 20/12/2008. EXHIBIT-P5TRUE COPY OF THE LAND TAX RECEIPT DATED 31/07/2015. EXHIBIT-P6TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 23/09/2015.

RESPONDENT(S)' EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) Nos.30710 & 30782 of 2015 ****************************************************************************** Dated this the 29th day of October, 2015

JUDGMENT

Petitioners have approached this Court on account of non-issuance of possession certificate in respect of the properties referred in the writ petitions.

2.

The learned Government Pleader, on instructions, submits that it is for the reason that the delay involved in identifying the surrendered lands under the land ceiling proceedings under the Land Reforms Act, Revenue Authorities could not issue possession certificate. Once the survey is completed and identified that the land is not forming part of the surrendered land, they will issue possession certificate. In that view of the matter, this Court is of the view that the entire survey relating to the identification of the surrendered lands shall be completed by the second respondent within a period of three months and thereafter, based on the outcome of the identification, necessary possession certificate shall be issued to the petitioners. The petitioners shall produce a copy of this writ petition along with the judgment before the Tahsildar for compliance.

The writ petitions are disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln