Writ petitioner sought possession certificate and basic tax receipt for exempted plantation land intended for a farmhouse. Court held certificates must be issued without adverse entries despite potential future conversion for non-exempted purposes.
Issuer of possession certificate and basic tax receipt to petitioner without any adverse entry or delay.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 3RD DAY OF APRIL 2018 / 13TH CHAITHRA, 1940
WP(C).No. 9867 of 2018
PETITIONER :
TRESLY JAMES, W/O.JAMES THOMAS OTTAKKATTIL, ELAVUMPARAMBU, CHELAD P.O., KOTHAMANGALAM PIN-686 681.
BY ADVS.SRI.GEORGE THOMAS (MEVADA)(SR.) SRI.MANU GEORGE KURUVILLA SRI.AMAL GEORGE
RESPONDENTS :
1. THE VILLAGE OFFICER, KEERAMPARA VILLAGE OFFICE, KEERAMPARA, PIN 686 681.
2. THE TAHSILDAR, TALUK OFFICE, KOTHAMANGALAM, PIN 686 691.
3. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM 682 030.
4. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, TRIVANDRUM 695 001.
BY SR. GOVERNMENT PLEADER SRI.S.GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 9867 of 2018 (G)
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 |
TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT NUMBER 6070399 DATED 12/10/2017 |
|---|---|
| EXHIBIT P2 |
TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT TAHSILDAR KOTHAMANGALAM ON 5/2/2018 |
| EXHIBIT P3 |
TRUE PHOTOCOPY OF PAGES 1 TO 4 OF THE NOTIFICATION GO(P) NO 24/2010/ITD DATED 4/8/2010 PROMULGATING KERALA INFORMATION TECHNOLOGY(ELECTRONIC DELIVERY OF SERVICES) RULES, 2010 |
| EXHIBIT P4 |
TRUE PHOTOCOPY OF THE PROFORMA OF FORMS 12C AVAILABLE IN PAGE 23 OF GO(P) NO.24/2010/ITD DATED 4/8/2010 |
| EXHIBIT P5 |
TRUE PHOTOCOPY OF THE JUDGMENT IN WRIT APPEAL 564 OF 2017 DATED 4/4/2017. |
RESPONDENT(S)' EXHIBITS
NIL
TRUE COPY P.S. TO JUDGE
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6.4.2018
A.MUHAMED MUSTAQUE, J.
W.P.(C) No.9867 of 2018
JUDGMENT
The petitioner approached the Village Officer,
Keerampara for obtaining possession certificate in respect
of the land which is exempted under the ceiling
proceedings as 'plantation'. The Village Officer made an endorsement in the application referring it to the
Tahsildar stating that the land in question is an exempted land. There is no bar under law in issuing the possession
certificate and the basic tax receipt in respect of an exempted land. It appears that the petitioner is contemplating to construct a farm house in the land. If the
land in question is exempted and is being converted for non-exempted purposes, certainly, the revenue authority can bring to the notice of the Taluk Land Board for taking
appropriate action in accordance with law. However, that
W.P.(C) No.9867 of 2018 2
cannot be a reason to deny issuance of possession
certificate and the basic tax receipt. Therefore, without prejudice to the right of the State to proceed against the property, in case, the land is being used for non-exempted purpose, the possession certificate and the basic tax receipt shall be issued to the petitioner. No adverse entry shall be made in the possession certificate or basic tax receipt.
Needful shall be done without any delay.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
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3 issues framed by the court
Whether issuance of possession certificate and basic tax receipt can be denied on the ground that exempted plantation land is intended for non-exempted purposes.
Whether revenue authorities can direct construction on exempted land to the Taluk Land Board while issuing certificates.
Whether adverse entries should be made in certificates if land is used for non-exempted purposes.
1 provisions across 1 enactments
TRESLY JAMES
THE VILLAGE OFFICER, KEERAMPARA
THE TAHSILDAR, KOTHAMANGALAM
THE DISTRICT COLLECTOR, ERNAKULAM
STATE OF KERALA
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
