Allowed

Valiyakath Najma v. State of Kerala

Kerala HC5 Apr 2018WP(C)/7732/2018

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged an order denying her possession certificate and location sketch. The court held that as the owner, her right to these documents cannot be violated. Any misuse of exempted land is a matter for revenue authorities to address separately. Ext.P6 was set aside.

What did the court decide?

Ext.P6 is set aside; petitioner shall be given possession certificate and location sketch.

Valiyakath Najma Vs State of Kerala — Land Acquisition | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THURSDAY, THE 5TH DAY OF APRIL 2018 / 15TH CHAITHRA, 1940

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WP(C).No. 7732 of 2018

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----------------------

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PETITIONER :

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VALIYAKATH NAJMA D/O. M.K. MUHAMMAD KOYA, AGED 57 YEARS, FATHIMA MANZIL, CHALAPPURAM, KOZHIKODE - 2.

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BY ADVS.SRI.BIJU ABRAHAM SRI.B.G.BHASKAR

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RESPONDENTS :

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1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM - 695 001.

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2. THE SECRETARY, LAND BOARD, THIRUVANANTHAPURAM - 695 001.

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3. THE VILLAGE OFFICER, RAROTH, THAMARASSERY - 673 573.

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BY SPL. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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7/4/2018

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WP(C).No. 7732 of 2018 (N)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO. 324/1963 OF S.R.O., KOZHIKODE DATED 16.04.1963.
EXHIBIT P2 A TRUE COPY OF THE ORDER OF THE TALUK LAND BOARD IN TLB[K]7 OF 1992 DATED 21.07.1992.
EXHIBIT P3 A TRUE COPY OF THE GIFT DEED NO. 1051 OF 1980, DATED 31.03.1980 OF S.R.O. KOZHIKODE.
EXHIBIT P4 A TRUE COPY OF THE SETTLEMENT DEED NO. 968 OF 1999 DATED 04.12.1999 S.R.O. KOZHIKODE.
EXHIBIT P5 A TRUE COPY OF THE APPLICATION DATED 27.10.2017 BY THE PETITIONER TO THE VILLAGE OFFICER, THAMARASSERY.
EXHIBIT P6 A TRUE COPY OF THE REPLY DATED 06.11.2017 OF THE 3RD RESPONDENT TO THE PETITIONER.

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RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY//

P.S. TO JUDGE

bp 7/4/2018

A. MUHAMED MUSTAQUE, J.

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W.P.(C).No.7732 of 2018

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Dated this the 5^th day of April, 2018.

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JUDGMENT

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The petitioner approached this Court challenging Ext.P6 issued by the Village Officer. He approached the Village Officer for obtaining possession certificate, location sketch etc. However, this was denied for the reason that the land in question is an exempted land and the intention of the petitioner is to use the land for non exempted purposes.

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Anyhow, the petitioner is the owner of the land, certainly he is entitled to get the possession certificate and such other revenue documents. If the land in question is an exempted land and it is being used for non exempted purposes, certainly the revenue authorities can bring it to the notice of the Taluk Land Board to take appropriate action. Therefore, without prejudice to the right of the respondents to proceed against the property in case any violation, the petitioner shall be given possession certificate and location sketch etc. Accordingly, Ext.P6 is set aside.

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The writ petition is disposed of.

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Sd/-

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A. MUHAMED MUSTAQUE, JUDGE.

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Valiyakath Najma v. State of Kerala

Case brief

What is this about?

What did the court decide?

Valiyakath Najma v. State of Kerala

Case brief

What is this about?

What did the court decide?

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