Disposed

Elsamma Sebastian v. the State of Kerala

Kerala HC17 Jan 2020WP(C)/894/2020

Case brief

AI extract

What is this about?

The High Court directed the Revenue Authority to issue revenue certificates (Location Sketch, ROR, Possession Certificate) and allowed registration of instruments without endorsements, pending Government's superior rights to resume land.

What did the court decide?

Issued Location Sketch, ROR, Possession Certificate, and directed registration authorities to permit registration of sale, transfer, and partition deeds without endorsements.

Elsamma Sebastian Vs the State of Kerala — Landlord and Tenant | Kerala HC (2020)

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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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FRIDAY, THE 17TH DAY OF JANUARY 2020 / 27TH POUSHA, 1941

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WP(C).No.894 OF 2020(J)

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PETITIONER:

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ELSAMMA SEBASTIAN, AGED 60 YEARS, W/O. SEBASTAIN, MARANGATTU HOUSE, UPPUTHARA P O, UPPUTHARA, IDUKKI DISTRICT.

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BY ADV. SRI.BIJU .C. ABRAHAM

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE STATE SPECIAL OFFICER AND COLLECTOR, GOVERNMENT LAND RESUMPTION, THIRUVANANTHAPURAM-695 001.

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3 THE DISTRICT COLLECTOR IDUKKI DISTRICT, COLLECTORATE, IDUKKI – 685 603.

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4 THE TAHSILDAR, PEERMADE TALUK, IDUKKI DISTRICT-685 538.

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5 THE VILLAGE OFFICER, UPPUTHARA VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT-685 505.

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Y JAFARKHAN GP TO AAG

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2020, ALONG WITH WP(C).990/2020(W), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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..2..

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WP(C).Nos.894/20(J) & 990/20

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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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FRIDAY, THE 17TH DAY OF JANUARY 2020 / 27TH POUSHA, 1941

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WP(C).No.990 OF 2020(W)

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PETITIONER:

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DEVASSIA, AGED 65 YEARS, S/O.CHAKCO, AVANOOR HOUSE, UPPUTHARA VILLAGE, UPPUTHARA.P.O, PEERMADE TALUK, IDUKKI DISTRICT-685 505

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BY ADV. SRI.BIJU .C. ABRAHAM

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 THE STATE SPECIAL OFFICER AND COLLECTOR, GOVERNMENT LAND RESUMPTION, THIRUVANANTHAPURAM695 001

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3 THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, IDUKKI-685 603

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4 THE TAHSILDAR PEERMADE TALUK, IDUKKI DISTRICT-685 538

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5 THE VILLAGE OFFICER, UPPUTHARA VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT-685 505

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Y JAFARKHAN GP TO AAG

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2020, ALONG WITH WP(C).894/2020(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.894/20(J) & 990/20

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..3..

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JUDGMENT

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Dated this the 17th day of January 2020 [WP(C).No.894 OF 2020(J), WP(C).No.990 OF 2020(W)]

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The petitioners approached this Court as the Revenue Authority refused to issue Location Sketch, ROR, Possession Certificate etc., stating that a Special Officer has been appointed to

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resume the land and on account of Ext.P6 Government Order.

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It is submitted by the learned Government Pleader that it

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has been decided by the Government to file a suit for recovery.

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This Court had considered similar matters and ordered

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issuance of revenue certificates in several judgments like Exts.P7 and P8.

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In the light of Exts.P7 and P8 judgments, if any one of the petitioners conveys or transfers the property, the registering authority shall permit registration of such instrument/document. If the petitioners want to partition the property, the registering

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WP(C).Nos.894/20(J) & 990/20

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authority shall also allow registration of the partition deed. It is made clear that the petitioners are entitled to enjoy the property as though there is no embargo in dealing with their property. However, this would be subject to any superior right available, if any, with the Government to proceed against such land. It is made clear that no endorsement shall be made in any other revenue certificates or other documents in regard to the claim made by the Government. Needful shall be done by the Revenue Authority to comply with the direction, without any delay, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment.

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These writ petitions are disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

PR/17.01.2020

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WP(C).Nos.894/20(J) & 990/20

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.2923/2016/I DATED 16.12.2016 OF PEERMADE SRO.

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EXHIBIT P2 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE WITH REGARD TO THE PETITIONERS PROPERTY COVERED BY EXT.P1

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EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 09.10.2019 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE LETTER DATED 10.10.2019 ISSUED BY THE THE 5TH RESPONDENT.

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EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS NO. GLR(LR) 210/15/PER-TCO DATED 12/08/2016 OF THE SPECIAL OFFICER AND COLLECTOR.

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EXHIBIT P6 TRUE COPY OF THE GO NO.172/2019 ISSUED BY THE 1ST RESPONDENT ON 6.6.2019.

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EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED

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7.11.2018 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 40002/2016 AND CONNECTED CASES.

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EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 18.2.2019 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 4647/2019.

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WP(C).Nos.894/20(J) & 990/20

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..6..

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE EXCHANGE DEED NO.384/2017/1 DATED 14/2/2017 OF PEERMADE SRO

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EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 16.4.2019

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EXHIBIT P3 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE WITH REGARD TO THE PETITIONER'S PROPERTY COVERED BY EXT.P1

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EXHIBIT P4 TRUE COPY OF THE LETTER DATED 11/10/2019 ISSUED BY THE 5TH RESPONDENT

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EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS NO.GLR(LR)210/15/PER-TCO DATED 12.08.2016 OF THE SPECIAL OFFICER AND COLLECTOR

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EXHIBIT P6 TRUE COPY OF THE GO NO.172/2019 ISSUED BY THE 1ST RESPONDENT ON 6.6.2019

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EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED

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7.11.2018 PASSED BY THIS HON'BLE COURT IN WP(C)NO.40002/2016 AND CONNECTED CASES

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EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 18.2.2019 PASSED BY THIS HON'BLE COURT IN WP(C)NO.4647/2019

Elsamma Sebastian v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Elsamma Sebastian v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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