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2025 Supreme(Online)(Ker) 57959
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. Jayachandran, J
Raghunath C. – Appellant
Versus
1 Tahsildar (Land Records), Taluk Office, Mannarkkad, Palakkad District – Respondent
WP(C) NO. 41984 OF 2025
For the Appellants/Petitioners: Shri.Santheep Ankarath, Shri.Sherry M.V., Smt.Arundhati Nair, Smt.Bhavana J. Menon, Shri.P.Anirudhan
For the Respondents: Sri.Ajith Viswanathan, GP
Evidential requirements for issuing possession certificates must be adhered to despite allegations of trespass.
Headnote:The court analyzed the issue of delayed issuance of Possession and Thandaper Certificates due to allegations of trespass under relevant administrative regulations. The petitioner’s request for these certificates was granted, highlighting the need for procedural compliance despite the allegations, while reserving the right of respondents to pursue further action. The court directed the certificates to be issued within three weeks, emphasizing that the refusal to process based solely on allegations was inappropriate.
| Table of Content |
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| 1. inaction on allegations of trespass warrants administrative compliance. (Para 1) |
| 2. issuance of land certificates must not be delayed based on pending allegations. (Para 2) |
JUDGMENT
Having heard the learned counsel for the petitioner and the learned Government Pleader, this Court notice that the inaction on the part of the 2nd respondent/Village Officer is only on account of a mass petition received by the Chief Minister, as also by the District Collector, alleging that the petitioner had trespassed into the puramboke land.
2. It is clarified that, on the mere allegation of trespass, the issuance of Possession and Thandaper Certificates cannot be deferred. In the circumstances, there will a direction to the 2nd respondent/Village Officer to issue Possession Certificate, as also Thandaper Certificate, in favour of the petitioner, 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 2nd respondent/Village Officer, for compliance. It is, however, clarified that the right of the appropriate among the respondents to proceed against the petitioner, in case of any trespass/encroachment found, will stand reserved.
The Writ Petition (Civil) will stand disposed of, as above.
