Exemptions under the Kerala Land Reforms Act do not limit the user's rights, reinforcing purchaser rights in property use.

JUDGMENT

The petitioner is aggrieved by the remarks in Ext.P3 possession certificate issued by the 4^th respondent/ Village Officer to the effect that the property in question is an exempted land under the Kerala Land Reforms Act, 1963 (for short, the KLR Act). This Court has clarified in various judgments including Ext.P4 that exemption in terms of Section 81 of KLR Act cannot restrict the user of the land at the hands of the purchaser. The very issue as to an adverse entry in this regard can be made in the possession certificate was considered by a Division Bench in Village Officer v. Karnataka Fransalian Society [ 2017 KHC 7572 ]. It is taking stock of that Bench decision that Ext.P4 decision was rendered by a learned Single Judge of this Court.

The petitioner is entitled to similar treatment.

2. In the circumstances, there will be a direction to the 4^th respondent/Village Officer to issue a fresh possession certificate without indicating in the remarks column that the property is an exempted land under the KLR Act. Let the above exercise be completed within a period of one month from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment before the 4^th respondent, for compliance.

This Writ Petition is allowed as above.