Revenue Certificates cannot be denied solely based on prior plantation exemptions.

JUDGMENT

The petitioners sought for Revenue Certificates before the 3^rd respondent Village Officer. The same is denied vide Exts.P7,P8 and P9 for the solitary reason that, the subject property was earlier part of a plantation exempted under Section 81 (3) of the Kerala Land Reforms Act , 1963.

2. Learned Counsel for the petitioners would submit that the law in this regard has been settled in favour of the petitioners by a catena of judgments including Ext.P11. In the circumstances, let the 3^rd respondent be directed to issue the Revenue Certificates as sought for by the petitioners, is the prayer.

3. Learned Government Pleader has no quarrel with respect to the above legal position, as reflected in Ext.P11.

4. Inasmuch as the law stands settled that Revenue Certificates cannot be denied for the reason that the subject property was earlier part of the plantations, exempted under Section 81 (3) of the Kerala Land Reforms Act , there will be a direction to the 3^rd respondent to issue necessary Revenue Certificates as sought for by the petitioners in accordance with law, expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of this judgment before the 3^rd respondent, for compliance. Needless to say that the right of the Government, if any, to initiate or continue proceedings under the Kerala Land Conservancy Act against the petitioners' property will stand reserved. Once the Revenue Certificates are issued, there will be a corresponding direction to the 2^nd respondent to register the proposed deed of conveyance executed by the petitioners, as and when the same is presented for registration, unmindful of the fact that the subject property was earlier part of the plantation.

This Writ Petition is disposed of as above.

Sd/-