IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
AMRUTHESWARY MURALEEDHARAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 44427 OF 2025
| Table of Content |
|---|
| 1. petitioner requires certificates for quarrying lease. (Para 1) |
| 2. legal position affirmed by past judgments. (Para 2 , 3) |
| 3. court directs issuance of certificates, noting past land use exemptions. (Para 4 , 5) |
| 4. writ petition disposed with directions. (Para 6) |
JUDGMENT For the purpose of obtaining a quarrying lease, the petitioner stands in need of getting revenue certificates, countersigned by the 2nd respondent/Tahsildar. The same is not being done for the sole reason that the property in question (where the quarrying is proposed) was earlier part of exempted land, under the Kerala Land Reforms Act , 1963.
2. Learned counsel for the petitioner would point out that the issue involved has already been covered by a series of judgment of this Court. Ext.P8 is one such judgment produced by the petitioner, the decision of which has been confirmed by a Division Bench of this Court, in Ext.P9.
3. Learned Senior Government Pleader also has no quarrel as regards the legal position prevailing in terms of Exts.P8 and P9.
4. In the circumstances, there will be a direction to the 2nd respondent/Tahsildar to issue revenue certificates, duly countersigned by him, in accordance with law, provided the petitioner is entitled for the same otherwise.
5. Needless to say that the land in question, which was earlier an exempted land in terms of the Kerala Land Reforms Act , will not weigh with the 2nd respondent while considering the petitioner’s application for issuance of the duly countersigned revenue certificate.
6. Let the above direction be complied within a period of two weeks from today. The petitioner will produce a copy of the judgment before the 2nd respondent for compliance. It is, however, clarified that the right of the State Government to take necessary action against the petitioner in view of the user of the land for purposes other than agriculture will stand reserved.
This Writ Petition will stand disposed of as above.
Sd/-
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