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2021 Supreme(Ker) 773
IN THE HIGH COURT OF KERALA
V.G. ARUN, J.
Thankachan – Appellant
Versus
Tahsildar – Respondent
W.P.(C) No.7614 of 2021
Decided on : 17-06-2021
Advocate Appeared:
For the Appellant : Babu S. Nair
For the Respondent: Government Pleader (Vinitha B.)
Village Officer's duty to issue possession certificate and location sketch if the application is in order and the petitioner is in legitimate possession.
Headnote:
Possession Certificate - Un-surveyed Land - The Village Officer has no authority to reject applications for possession certificate and location sketch based on the purpose for which the property may be put to use. If the application is in order and the petitioner is found to be in legitimate possession of the property, the Village Officer is duty bound to issue copies of the documents.
Fact of the Case:
The petitioner applied for possession certificate, location sketch, and plan for un-surveyed land, which was rejected by the Village Officer based on the purpose of conducting a quarry on the property.
Finding of the Court:
The court set aside the rejection and directed the second respondent to reconsider the petitioner's application and make a decision within two weeks.
Issues: Rejection of application for possession certificate and location sketch based on the purpose of property use.
Ratio Decidendi: The Village Officer has no authority to reject applications based on the purpose of property use if the application is in order and the petitioner is in legitimate possession.
Final Decision: The rejection of the petitioner's application was set aside, and the second respondent was directed to reconsider the application within two weeks.
JUDGMENT :
The petitioner had submitted an application for obtaining possession certificate, location sketch and plan pertaining to 0.8710 Hectors of un-surveyed land in his possession. The application stands rejected by Ext.P7. The rejection is on the premise that the documents are sought for conducting a quarry and there are complaints with regard to the property in which the quarry is proposed to be conducted.
2. I am of the firm opinion that the Village Officer has no authority to reject applications for possession certificate and location sketch based on the purpose for which the property may be put to use. If the application is in order and the petitioner is found to be in legitimate possession of the property, the Village Officer is duty bound to issue copies of the documents.
In the result, Ext.P7 is set aside and the second respondent is directed to consider the petitioner’s application afresh and take a decision thereon within an outer limit of two weeks from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of accordingly.
