Admit. Government Pleader takes notice for the respondents.

2.

The prayer in the writ petition is for a direction to

respondents 1 and 2 to issue in the name of the petitioners the

extract of the Thandapper account in respect of their property of

1.43 acres in survey No.62/19 and 1.07 acres in survey No.62/20 of

Pudunagaram Village in Chittur Taluk, Palakkad District covered by

their documents of title.

3.

It is submitted that the Authorities had earlier refused

to collect basic tax and issue possession certificate. By judgment

dated 16.03.2022 in W.P.(C) No.3665 of 2022 produced as Ext.P5,

this Court had directed the respondents to receive tax and issue

the possession certificate. It is submitted that pursuant to Ext.P5,

the 2^nd respondent rejected the application submitted by the

petitioners with respect to 1.43 acres in survey No.62/19 and 1.07

acres in survey No.62/20 and allowed the application only with

respect to 43 cents of land in survey No.62/7. Ext.P6 is the order

whereby the request was rejected. The parties had initiated

subsequent proceedings before this Court and finally they have

been issued with possession certificate and tax has also been

accepted.

4.

The grievance of the petitioners is that the 2^nd

respondent did not issue an extract of the Thandapper account in

the name of the petitioners for the reason that land ceiling cases

are pending. The petitioners submit that as far as these properties

are concerned, there should be no objection for granting the

extract of the Thandapper account since the petitioners have

already submitted their option before the Land Tribunal and these

properties are not included in the said option statement.

5.

A statement has been filed on behalf of the Government

wherein it is submitted that the ceiling proceedings are still

pending and it is only after the ceiling proceedings are finalised, it

can be ascertained whether the petitioners will be holding these

lands or whether the same will be vested in the Government as

excess land. It is hence submitted that the request of the

petitioners cannot be accepted at this stage.

6.

Having heard the counsel for the petitioners and the

Government Pleader, I am of the opinion that issuance of the

extract of the Thandapper account will not in any manner affect

5

the rights of the Government to proceed against the property if

ultimately it is found that the property is liable to be surrendered

as excess land after the land ceiling proceedings are finalised. The

ceiling proceedings are pending for the past almost 50 years and

the right of the petitioners to enjoy the property fully cannot be

curtailed.

In such circumstances the writ petition is allowed and the

respondents 1 and 2 are directed to issue to the petitioners the

extract of the Thandapper Account relating to 1.43 acres in survey

No.62/19 and 1.07 acres in survey No.62/20 of Pudunagaram

Village in Chittur Taluk, Palakkad District. The above direction will

not in any manner affect the rights of the respondents to proceed

against these properties if ultimately it is found that the petitioners

are liable to surrender the properties in the ceiling case which is

said to be pending. Necessary orders shall be issued within two

months from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI

JUDGE

mpm

6

APPENDIX OF WP(C) 33839/2022

PETITIONERS' EXHIBITS

Exhibit-P1

A TRUE COPY OF REGISTERED WILL NUMBERED

68 OF 2017 OF THE SRO, KODUVAYOOR DATED

19.04.2017.

Exhibit-P2

A TRUE COPY OF THE DEATH CERTIFICATE

DATED 10.01.2022 ISSUED BY THE PIRAYIRI

GRAMA PANCHAYAT.

Exhibit-P3

A TRUE COPY OF THE JUDGMENT DATED

15.10.2015 IN W.P.(C).NO.26566/2015 OF

THIS HONOURABLE COURT.

Exhibit-P4

A TRUE COPY OF THE JUDGMENT DATED

16.12.2021 IN W.P.(C).NO.34740/2019 OF

THIS HONOURABLE COURT.

Exhibit-P5

A TRUE COPY OF THE JUDGMENT DATED

16.03.2022 IN W.P.(C).NO.3665/2022 OF

THIS HONOURABLE COURT.

Exhibit-P6

A TRUE COPY OF THE ORDER DATED 23.04.2022

ISSUED B