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2024 Supreme(Online)(KER) 26036
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945 WP(C) NO. 2251 OF 2024 PETITIONER/S:
YOHANNAN KOSHI, AGED 54 YEARS S/O. ANNA KOSHI, CHENKILATHU VEETTIL, VETTIKKOTU KARA, PALLIKKAL P.O, KATTANAM VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA - 690503, REPRESENTED BY POWER OF ATTORNEY HOLDER MANOJ TOM, S/O. K.J THOMAS, AGED 48 YEARS, RESIDING AT KONTHIYAMADATHIL HOUSE, BHARANAGANAM KARA, THALAPPALAM VILLAGE, MELAMPARA P.O, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN - 686578 BY ADVS.
V.G.ARUN (K/795/2004)
V.JAYA RAGI R.HARIKRISHNAN (KAMBISSERIL)
NEERAJ NARAYAN RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, ROOM NO. 402 SECRETARIAT ANNEX SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR COLLECTORATE COLLECTORATE, KUYILIMALA, PAINAV P.O, IDUKKI, PIN - 685603
3 TAHSILDAR TALUK OFFICE PEERMADE, PEERMADE RD, AZHUTHA, PEERMADE, PIN - 685531
4 VILLAGE OFFICER VAGAMON VILLAGE, PULLIKKANAM - ELAPPARA ROAD, VAGAMON, PIN - 685503 OTHER PRESENT:
SRI JAFFARKHAN SPL.SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2024, ALONG WITH WP(C).2075/2024, 2146/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945 WP(C) NO. 2075 OF 2024 PETITIONER/S:
VIJAY K. PETER AGED 47 YEARS S/O. PETER KALAPPURAIKKAL, HOUSE NO. 90, MAHALEKSHMI NAGAR STREET, NUMBAL VILLAGE, THIRUVARKKAD P.O, THIRUVARKKAD TALUK, CHENNAI DISTRICT, TAMIL NADU - 600077, REPRESENTED BY POWER OF ATTORNEY HOLDER MANOJ TOM, S/O. K.J THOMAS, AGED 48 YEARS, RESIDING AT KONTHIYAMADATHIL HOUSE, BHARANAGANAM KARA, THALAPPALAM VILLAGE, MELAMPARA P.O, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN - 686578 BY ADVS.
V.G.ARUN (K/795/2004)
V.JAYA RAGI R.HARIKRISHNAN (KAMBISSERIL)
NEERAJ NARAYAN RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, ROOM NO. 402 SECRETARIAT ANNEX SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR COLLECTORATE COLLECTORATE, KUYILIMALA, PAINAV P.O, IDUKKI, PIN - 685603
3 TAHSILDAR TALUK OFFICE PEERMADE, PEERMADE RD, AZHUTHA, PEERMADE, PIN - 685531
4 VILLAGE OFFICER VAGAMON VILLAGE, PULLIKKANAM - ELAPPARA ROAD, VAGAMON, PIN - 685503 BY ADVS.
ADVOCATE GENERAL OFFICE KERALA SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()
OTHER PRESENT:
SRI JAFFARKHAN SPL.SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2024, ALONG WITH WP(C).2251/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945 WP(C) NO. 2146 OF 2024 PETITIONER/S:
SANTHOSH KUMAR AGED 52 YEARS S/O. GOPALAKRISHNA KURUP, SANTHOSH VIHAR, AANAYADI KARA, AANAYADI P.O, SOORANAD VADAKKU VILLAGE, KUNNATHOOR TALUK, KOLLAM - 690522, REPRESENTED BY POWER OF ATTORNEY HOLDER MANOJ TOM, S/O. K.J THOMAS, AGED 48 YEARS, RESIDING AT KONTHIYAMADATHIL HOUSE, BHARANAGANAM KARA, THALAPPALAM VILLAGE, MELAMPARA P.O, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN - 686578 BY ADVS.
V.G.ARUN (K/795/2004)
V.JAYA RAGI R.HARIKRISHNAN (KAMBISSERIL)
NEERAJ NARAYAN RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, ROOM NO. 402 SECRETARIAT ANNEX SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR COLLECTORATE COLLECTORATE, KUYILIMALA, PAINAV P.O, IDUKKI, PIN - 685603
3 TAHSILDAR TALUK OFFICE PEERMADE, PEERMADE RD, AZHUTHA, PEERMADE, PIN - 685531
4 VILLAGE OFFICER VAGAMON VILLAGE, PULLIKKANAM - ELAPPARA ROAD, VAGAMON, PIN - 685503 OTHER PRESENT:
SRI JAFFARKHAN SPL.SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2024, ALONG WITH WP(C).2251/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945 WP(C) NO. 2161 OF 2024 PETITIONER/S: JOSMON THOMAS AGED 52 YEARS S/O. THOMAS, KURIYANDHANATHU VEETTIL, ERUVASI KARA, CHEMBERI P.O, ERUVASI VILLAGE, THALIPPARAMBU TALUK, KANNUR-670632, REPRESENTED BY POWER OF ATTORNEY HOLDER MANOJ TOM, S/O. K.J THOMAS, AGED 48 YEARS, RESIDING AT KONTHIYAMADATHIL HOUSE, BHARANAGANAM KARA, THALAPPALAM VILLAGE, MELAMPARA P.O, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN - 686578 BY ADVS.
V.G.ARUN (K/795/2004)
V.JAYA RAGI R.HARIKRISHNAN (KAMBISSERIL)
NEERAJ NARAYAN RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, ROOM NO. 402 SECRETARIAT ANNEX SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR COLLECTORATE COLLECTORATE, KUYILIMALA, PAINAV P.O, IDUKKI, PIN - 685603
3 TAHSILDAR TALUK OFFICE PEERMADE, PEERMADE RD, AZHUTHA, PEERMADE, PIN - 685531
4 VILLAGE OFFICER VAGAMON VILLAGE, PULLIKKANAM - ELAPPARA ROAD, VAGAMON, PIN - 685503 OTHER PRESENT:
SRI JAFFARKHAN SPL.SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2024, ALONG WITH WP(C).2251/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945 WP(C) NO. 2232 OF 2024 PETITIONER/S: GEORGE THOMAS AGED 50 YEARS S/O. K.J THOMAS, KONDHIYAMADATHIL, MELAMBRA KARA, MELAMBRA P.O, THALAPPALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM - 686578, REPRESENTED BY POWER OF ATTORNEY HOLDER MANOJ TOM, S/O. K.J THOMAS, AGED
48 YEARS, RESIDING AT KONTHIYAMADATHIL HOUSE, BHARANAGANAM KARA, THALAPPALAM VILLAGE, MELAMPARA P.O, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN -
686578 BY ADVS.
V.G.ARUN (K/795/2004)
V.JAYA RAGI R.HARIKRISHNAN (KAMBISSERIL)
NEERAJ NARAYAN RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, ROOM NO. 402 SECRETARIAT ANNEX SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR COLLECTORATE COLLECTORATE, KUYILIMALA, PAINAV P.O, IDUKKI, PIN - 685603
3 TAHSILDAR TALUK OFFICE PEERMADE, PEERMADE RD, AZHUTHA, PEERMADE, PIN - 685531
4 VILLAGE OFFICER VAGAMON VILLAGE, PULLIKKANAM - ELAPPARA ROAD, VAGAMON, PIN - 685503 OTHER PRESENT:
SRI JAFFARKHAN SPL.SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2024, ALONG WITH WP(C).2251/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945 WP(C) NO. 2247 OF 2024 PETITIONER/S: GEORGE THOMAS AGED 50 YEARS S/O. K.J THOMAS, KONDHIYAMADATHIL, MELAMBRA KARA, MELAMBRA P.O, THALAPPALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM - 686578, REPRESENTED BY POWER OF ATTORNEY HOLDER MANOJ TOM, S/O. K.J THOMAS, AGED
48 YEARS, RESIDING AT KONTHIYAMADATHIL HOUSE, BHARANAGANAM KARA, THALAPPALAM VILLAGE, MELAMPARA P.O, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN -
686578 BY ADVS.
V.G.ARUN (K/795/2004)
V.JAYA RAGI R.HARIKRISHNAN (KAMBISSERIL)
NEERAJ NARAYAN RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, ROOM NO. 402 SECRETARIAT ANNEX SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR COLLECTORATE COLLECTORATE, KUYILIMALA, PAINAV P.O, IDUKKI, PIN - 685603
3 TAHSILDAR TALUK OFFICE PEERMADE, PEERMADE RD, AZHUTHA, PEERMADE, PIN - 685531
4 VILLAGE OFFICER VAGAMON VILLAGE, PULLIKKANAM - ELAPPARA ROAD, VAGAMON, PIN - 685503 OTHER PRESENT:
SRI JAFFARKHAN SPL.SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2024, ALONG WITH WP(C).2251/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945 WP(C) NO. 2297 OF 2024 PETITIONER/S:
SAM C. BENNY AGED 51 YEARS S/O. UNNUNNI BENNYKUTTY, KODAMBALLIL, THULAMPARAMBU SOUTH KARA, HARIPPAD VILLAGE, HARIPPAD P.O, KARTHIKAPPALLY TALUK, ALAPPUZHA - 690514, REPRESENTED BY POWER OF ATTORNEY HOLDER MANOJ TOM, S/O. K.J THOMAS, AGED 48 YEARS, RESIDING AT KONTHIYAMADATHIL HOUSE, BHARANAGANAM KARA, THALAPPALAM VILLAGE, MELAMPARA P.O, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN - 686578 BY ADVS.
V.G.ARUN (K/795/2004)
V.JAYA RAGI R.HARIKRISHNAN (KAMBISSERIL)
NEERAJ NARAYAN RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, ROOM NO. 402 SECRETARIAT ANNEX SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR COLLECTORATE COLLECTORATE, KUYILIMALA, PAINAV P.O, IDUKKI, PIN - 685603
3 TAHSILDAR TALUK OFFICE PEERMADE, PEERMADE RD, AZHUTHA, PEERMADE, PIN - 685531
4 VILLAGE OFFICER VAGAMON VILLAGE, PULLIKKANAM - ELAPPARA ROAD, VAGAMON, PIN - 685503 OTHER PRESENT:
SRI JAFFARKHAN SPL.SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2024, ALONG WITH WP(C).2251/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945 WP(C) NO. 2330 OF 2024 PETITIONER/S: P.S MATHACHAN AGED 62 YEARS S/O. MATHAI DEVASSIA, PAITHOTTIYIL, MELAMBRA KARA, MELAMBRA P.O, THALAPPALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM - 686578, REPRESENTED BY POWER OF ATTORNEY HOLDER MANOJ TOM, S/O. K.J THOMAS, AGED 48 YEARS, RESIDING AT KONTHIYAMADATHIL HOUSE, BHARANAGANAM KARA, THALAPPALAM VILLAGE, MELAMPARA P.O, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN - 686578 BY ADVS.
V.G.ARUN (K/795/2004)
V.JAYA RAGI R.HARIKRISHNAN (KAMBISSERIL)
NEERAJ NARAYAN RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, ROOM NO. 402 SECRETARIAT ANNEX SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR COLLECTORATE COLLECTORATE, KUYILIMALA, PAINAV P.O, IDUKKI, PIN - 685603
3 TAHSILDAR TALUK OFFICE PEERMADE, PEERMADE RD, AZHUTHA, PEERMADE, PIN - 685531
4 VILLAGE OFFICER VAGAMON VILLAGE, PULLIKKANAM - ELAPPARA ROAD, VAGAMON, PIN - 685503 OTHER PRESENT:
SRI JAFFARKHAN SPL.SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2024, ALONG WITH WP(C).2251/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
A. Muhamed Mustaque,J.
These matters can be disposed of in the light of the judgments in connected matter produced before this Court. There appears to be an enquiry regarding genuineness of patta in respect of the land claimed to be in possession of the petitioners and referred in these writ petitions. This Court in such circumstances, allowed revenue to proceed with enquiry in regard to genuinity of patta and subject to the outcome of enquiry allowed the petitioners in those cases to remit basic tax and also directed revenue authority to issue possession certificate, location sketch etc. Therefore, following the above judgment, we order that land tax shall be accepted from the petitioners and all the revenue certificates shall be issued to them. However, this will be subject to the outcome of any pending enquiry regarding genuineness of patta. There shall also be an order directing the petitioners not to transfer, alienate or encumber the property pending such enquiry.
sd/-
A. MUHAMED MUSTAQUE JUDGE sd/-
SHOBA ANNAMMA EAPEN JUDGE das APPENDIX OF WP(C) 2075/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE DEED NO. 1397 OF 2012 DATED 29.03.2012 REGISTERED AT SRO, PEERUMADE IN FAVOUR OF THE PETITIONER Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT DATED
22.06.2018 IN FAVOUR OF THE PETITIONER Exhibit P3 THE TRUE COPY OF THE LAND ASSIGNMENT PATTAYAM BEARING NO. 535/92/VAGN ISSUED BY THE TAHSILDAR LAND ASSIGNMENT, PEERMADE Exhibit P4 A TRUE COPY OF THE ORDER DATED
01.06.2022 BEARING NO. LR/1119/2021-LR (J3) ISSUED BY THE LAND REVENUE COMMISSIONER Exhibit P5 TRUE COPY OF THE JUDGMENT DATED
13.9.2021 IN WP(C) NO.1392/2021 PASSED BY THIS HON'BLE COURT APPENDIX OF WP(C) 2146/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE DEED NO. 1401 OF 2012 DATED 29.03.2012 REGISTERED AT SRO, PEERUMADE IN FAVOUR OF THE PETITIONER Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT DATED
17.06.2019 IN FAVOUR OF THE PETITIONER Exhibit P3 THE TRUE COPY OF THE LAND ASSIGNMENT PATTAYAM BEARING NO. 535/92/VAGN ISSUED BY THE TAHSILDAR LAND ASSIGNMENT, PEERMADE Exhibit P4 A TRUE COPY OF THE ORDER DATED
01.06.2022 BEARING NO. LR/1119/2021-LR (J3) ISSUED BY THE LAND REVENUE COMMISSIONER Exhibit P5 TRUE COPY OF THE JUDGMENT DATED
13.9.2021 IN WP(C) NO.1392/2021 PASSED BY THIS HON'BLE COURT APPENDIX OF WP(C) 2161/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE DEED NO. 1395 OF 2012 DATED 29.03.2012 REGISTERED AT SRO, PEERUMADE IN FAVOUR OF THE PETITIONER Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT DATED
17.06.2019 IN FAVOUR OF THE PETITIONER Exhibit P3 THE TRUE COPY OF THE LAND ASSIGNMENT PATTAYAM BEARING NO. 535/92/VAGN ISSUED BY THE TAHSILDAR LAND ASSIGNMENT, PEERMADE Exhibit P4 A TRUE COPY OF THE ORDER DATED
01.06.2022 BEARING NO. LR/1119/2021-LR (J3) ISSUED BY THE LAND REVENUE COMMISSIONER Exhibit P5 TRUE COPY OF THE JUDGMENT DATED
13.9.2021 IN WP(C) NO.1392/2021 PASSED BY THIS HON'BLE COURT APPENDIX OF WP(C) 2232/2024 PETITIONER EXHIBITS Exhibit P1 . THE TRUE COPY OF THE SETTLEMENT DEED NO. 1933 OF 2018 DATED 18.07.2018 REGISTERED AT SRO, PEERUMEDU Exhibit P2 THE TRUE COPY OF THE SALE DEED NO. 1399 OF 2012 DATED 29.03.2012 REGISTERED AT SRO, PEERUMADE IN FAVOUR OF THE BROTHER OF THE PETITIONER Exhibit P3 THE TRUE COPY OF THE TAX RECEIPT DATED
24.06.2016 IN FAVOUR OF THE BROTHER OF THE PETITIONER Exhibit P4 THE TRUE COPY OF THE LAND ASSIGNMENT PATTAYAM BEARING NO. 535/92/VAGN ISSUED BY THE TAHSILDAR LAND ASSIGNMENT, PEERMADE Exhibit P5 A TRUE COPY OF THE ORDER DATED
01.06.2022 BEARING NO. LR/1119/2021-LR (J3) ISSUED BY THE LAND REVENUE COMMISSIONER Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
13.9.2021 IN WP(C) NO.1392/2021 PASSED BY THIS HON'BLE COURT APPENDIX OF WP(C) 2247/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE DEED NO. 1398 OF 2012 DATED 29.03.2012 REGISTERED AT SRO, PEERUMADE IN FAVOUR OF THE PETITIONER Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT DATED
22.06.2018 IN FAVOUR OF THE PETITIONER Exhibit P3 THE TRUE
