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2021 Supreme(Ker) 773

V.G.ARUN
Thankachan – Appellant
Versus
Tahsildar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Babu S. Nair
For the Respondent: Government Pleader (Vinitha B.)

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.

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