IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
JAISON THOMAS – Appellant
Versus
THE DISTRICT COLLECTOR, KOTTAYAM – Respondent
WP(C) NO. 407 OF 2023
| Table of Content |
|---|
| 1. the petitioners seek documentation based on tax payments. (Para 1) |
| 2. the court heard arguments from both parties. (Para 2) |
| 3. court noted prior judgments and lack of action taken. (Para 3) |
| 4. the court directed issuance of certificates and sketches as per law. (Para 4) |
JUDGMENT
The petitioners sought for possession certificate as well as the location sketch relying on the payment of tax as evident by Exts.P1 to P6 tax receipts as well as corresponding title deeds. By the impugned proceedings at Exts.P10 and P12, the prayer made as above stood rejected. It is seeking to challenge Exts.P10 and P12 issued as above that the captioned writ petition has been filed by the petitioners.
2. I have heard Sri.Biju Abraham, the learned counsel for the petitioners, as well as Sri.Sunilnath, the learned Government Pleader for the respondents.
3. The only issue arising for consideration in this writ petition is as regards the sustainability or otherwise of Exts.P10 and P12 issued as above. This Court notices that in an earlier round of litigation, at the instance of the petitioners' predecessor in interest, by Ext.P7 judgment dated 26.06.1997, the Survey Superintendent was directed to act on the basis of a representation to be filed and to obtain a plan concerning excess land, if any. This Court further notices that, in spite of such a direction being issued as earlier in the year 1997, no steps in that regard has been initiated by the respondents.
4. In any event, I am of the opinion that, if as contended by the respondents, there is any excess land, it is for the respondents to take appropriate steps in that regards, in accordance with law. However, the prayer made for issuance of the possession certificate as well as location sketch on the basis of the tax receipts could not be interdicted by the respondents.
In the light of the afore, this writ petition would stand disposed of directing the respondents to issue possession certificate as well as location sketch to the petitioners, as expeditiously as possible, strictly in accordance with law. This Court further reserves the right of the respondents to proceed with reference to the alleged excess land in the possession of the petitioners, in accordance with law, if so advised.
Sd/-
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