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2025 Supreme(Online)(Ker) 35448
IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
AVARACHAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) No.23929 of 2022
For the Appellants/Petitioners: N/A
For the Respondents: N/A
The Court mandated the issuance of ROR certificates contingent upon valid documentation from the petitioners regarding property ownership and status.
Headnote:The case concerns a petitioner's request for mutation and ROR (Record of Rights) certificate issuance. The petitioner, having acquired land via a registered assignment deed, seeks necessary documentation clarifications for their property, previously tied to UTT Company. Upon reviewing the circumstances, the Court directed respondents to process the application upon document submission. The main issues involved were establishing the direct ownership transfer and exemptions from ceiling limits. The Court affirmed, stipulating a one-month deadline for ROR issuance upon submission of valid documents.
| Table of Content |
|---|
| 1. petitioner's request for property documentation. (Para 1 , 2 , 4) |
| 2. respondents to review submitted documents. (Para 3) |
| 3. court directed issuance of ror certificate. (Para 5) |
JUDGMENT
Dated this the 11th day of July, 2025
These cases are filed essentially seeking a direction to respondents 3 and 4 to effect mutation and issue ROR (Record of Rights) certificate to the petitioners’ property.
2. WP(C) No.23929 of 2022 is treated as the leading case and I will be adverting to the facts of the said case. The petitioner has obtained certain extent of land as per Ext.P1 registered janmam assignment deed. After obtaining the property petitioner has been paying tax as evident from Ext.P2. After creating the land data entry in the computer, a temporary thandaper number was created, and tax receipt was also received. Possession certificate was also issued to the petitioner. The property covered by Ext.P1 is a rubber plantation, but agricultural operations could not be done profitably because of climate change and trespass of wild animals from the nearby forest, and therefore the petitioner intents to sell the property for which ROR certificate is necessary. Thereupon Ext.P5 application was submitted before the 3rd respondent for issuance of an ROR. Due to the inaction on the part of the respondents that the petitioner has approached this Court seeking a direction to respondents 3 and 4 to effect mutation and also to issue ROR certificate in respect of the petitioner’s property.
3. A detailed counter afÏdavit has been filed and based on the same the learned Senior Government Pleader would submit that the request of the petitioner for effecting mutation and for issuance of ROR certificate could be considered and necessary action would be taken for effecting mutation and also to issue ROR certificate if the petitioner is able to produce the following documents:-
1. Authentic documents showing that the property was transferred directly from the UTT company before 1965 or from the party who availed transfer from UTT company.
2. Document by the Taluk Land Board authorities declaring that the particular land has been exempted from the ceiling limit.
4. The petitioners in the writ petitions would submit that the property has absolutely no connection with UTT company and the predecessor in interest of the property of the petitioners had obtained this property from puthanidam family and it is only the balance property left which was transferred to UTT company by the land owners. It is only for the reason that the properties are transferred by a single owner that the survey number of the properties of the petitioners as well transferred to the UTT company is one and the same. The learned Counsel for the petitioners would submit that they are ready to produce documents which are sought to be produced as per the counter afÏdavit, if in case the property is connected to UTT company or they will produce documents to show that this property is not transferred by the UTT company and the erstwhile owners of the property has obtained the property from puthanidam family and that the property has been exempted from the ceiling limit.
5. In view of the above facts and circumstances, all the writ petitions are disposed of directing respondents 3 and 4 to effect mutation and issue ROR certificate to the petitioners’ property within a period of one month from the date on which the petitioners produce necessary documents in this regard as stated above.
