Court directed issuance of survey map and certificates in line with prior judgments, emphasizing legal compliance without revisiting prior land status.

JUDGMENT

The petitioners 2 to 5 claim title to 3.703 hectares of dry land. In order to obtain a quarrying permit and environmental clearance, the petitioners sought for issuance of a survey map and related certificates, duly counter signed by the Tahsildar. However, the same has been refused stating that the land in question was once an exempted land in terms of the Kerala Land Reforms Act , 1963. Learned counsel for the petitioner would submit that the issue involved is squarely covered by the judgments of this Court inMathews K Jacob and another v. District Environmental Impact Assessment Authority [2018(4) KLT 913] and Kinallur Rock sand v.

State of Kerala [2021(2) KLT 351] .

2. On the fact that the issue is covered by the judgments above referred, learned Government Pleader has no quarrel.

3. In the circumstances, there will be a direction to the 2^nd respondent/Tahsildar to issue survey map and related certificates, duly countersigned by him, in accordance with law, expeditiously, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment before the 2^nd respondent, for compliance. Needless to say, that the State authorities will have the liberty to proceed against the property, if the same has been put to use for a purpose other than that of plantation, in accordance with law. It is further clarified that while issuing certificates there shall not be any endorsement with respect to the earlier status of the land as an exempted plantation.

This Writ Petition is disposed of as above.