Allowed

Palempadiyan Alavi v. State of Kerala

Kerala HC15 Jun 2022WP(C)/12223/2022

Case brief

AI extract

What is this about?

Petitioner challenged revenue certificates containing endorsements that property was exempt under Section 81(e) of Kerala Land Reforms Act. Court held no further details required beyond possession status per prior judgment. Petition allowed; certificates with adverse endorsements quashed.

What did the court decide?

Exhibits P13, P14, P15 quashed; Ext.P17 quashed to extent; direction to issue fresh certificates within three weeks without adverse endorsements.

Palempadiyan Alavi Vs State of Kerala — Land Acquisition | Kerala HC (2022)

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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 T.R.RAVI

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WEDNESDAY, THE 15^TH DAY OF JUNE 2022 / 25TH JYAISHTA, 1944

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WP(C) NO. 12223 OF 2022

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PETITIONER:

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PALEMPADIYAN ALAVI, AGED 65 YEARS S/O MUHAMMED, PALEMPADIYAN HOUSE, KAYYELIKKAL P.O, THAMARASSERY, KOZHIKODE , PIN - 673573

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BY ADV UNNI. K.K. (EZHUMATTOOR)

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVT. SECRETARIATE THIRUVANANTHAPURAM - 695001

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2 THAHASILDAR(LR) THAMARASSERY, TALUK OFFICE THAMARASSERY, KOZHIKODE-673573

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3 VILLAGE OFFICER VILLAGE OFFICE KATTIPARA, KOZHIKODE - 673615

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SMT. C. S. SHEEJA, SR. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12223 OF 2022

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JUDGMENT

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Admit. The learned Government Pleader takes notice for the respondents.

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The grievance put forward by the petitioner is that while issuing revenue certificates, an endorsement is being made to the effect that the properties are part of plantations which had been exempted under Section 81(e) of the Kerala Land Reforms Act. Earlier, the petitioner had approached this Court for a direction for issuance of possession certificate and pursuant to Ext.P10 judgment, the petitioner was issued with Ext.P11 certificate without any such endorsements. Subsequently, when the petitioner sought for other revenue certificates , the officers have issued the same with endorsements stating that the property is exempted under Section 81(e) of the Kerala Land Reforms Act. The petitioner relies on Ext.P18 judgment of this Court in W.P.(C) No.1528/2019, wherein this Court held that what is required to be stated is only regarding the possession and no further details regarding whether the land was exempted category or

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WP(C) NO. 12223 OF 2022

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otherwise is required to be stated. I do not find any reason to take a different view.

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In the result, this writ petition is allowed. Exts.P13, P14 and P15 are quashed in so far as they contain adverse endorsements regarding the property. Ext.P17 is quashed to the extent it directs the 3^rd respondent to make adverse entries. There will be a direction to the respondents to issue fresh certificates in the place of Exts.P13, P14 and P15 without any adverse endorsement within three weeks from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE

mpm

WP(C) NO. 12223 OF 2022

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APPENDIX OF WP(C) 12223/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE SALE DEED NO.804/2020 DATED 14.5.2020 OF THAMARASSERY TOWN SRO EXECUTED BY P.R NAUSHAD IN FAVOUR OF PETITIONER Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 29.7.2021 ISSUED BY THE VILLAGE OFFICER, KATTIPPARA Exhibit P3 THE TRUE COPY OF THE PUNCHAYATH LICENSE DATED 26.5.2011 ISSUED BY KATTIPPARA GRAMAPANCHAYATH TO HARIDASAN, WHICH WAS VALID UP TO 27.3.2012 Exhibit P4 TRUE COPY OF THE QUARRYING PERMIT DATED 28.3.2011 ISSUED BY THE GEOLOGIST, KOZHIKODE TO HARIDASAN, WHICH WAS VALID UPTO 28.3.2012

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Exhibit P5 TRUE COPY OF THE LE-3 LICENSE DATED 26.4.2011 ISSUED BY THE DEPUTY CONTROLLER OF PETROLEUM AND EXPLOSIVE SAFETY ORGANIZATION TO HARIDASAN, WHICH WAS VALID UP TO 31.3.2015 Exhibit P6 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 6.10.2010 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, KOZHIKODE TO HARIDASAN Exhibit P7 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 15.12.2009 ISSUED BY THE DISTRICT MEDICAL OFFICER TO P.C ABDUL KALAM Exhibit P8 TRUE COPY OF THE LICENSE NO.B3-13/2010 ISSUED BY THE KATTIPPARA GRAMA PANCHAYATH ISSUED TO P.C ABDUL KALAM WHICH WAS VALID UPTO 31.3.2011

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WP(C) NO. 12223 OF 2022

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Exhibit P9 TRUE COPY OF THE CONSENT TO OPERATE DATED 11.2.2010 ISSUED KERALA STATE POLLUTION CONTROL BOARD TO KARINCHOLA QUARRY OWNED BY P.C ABDUL KALAM Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 23.12.2021 OF THIS HON'BLE COURT IN W.P[C] NO.6492/2021 Exhibit P11 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 3.1.2022 ISSUED BY THE VILLAGE OFFICER KATTIPPARA TO THE PETITIONER Exhibit P12 TRUE COPY OF THE APPLICATION DATED 24.2.2022 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P13 TRUE COPY OF THE NON ASSIGNMENT CERTIFICATE DATED 4.3.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P14 TRUE COPY OF THE DEMARCATION CERTIFICATE DATED 4.3.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P15 TRUE COPY OF THE SURVEY MAP SIGNED AND ISSUED ON 5.3.2022 BY THE 3RD RESPONDENT Exhibit P16 TRUE COPY OF THE REQUEST DATED 17.3.2022 SUBMITTED TO THE 3RD RESPONDENT ON 18.3.2022 BY THE PETITIONER Exhibit P17 TRUE COPY OF THE LETTER DATED 26.3.2022 OF THE 2ND RESPONDENT TO THE 3RD RESPONDENT Exhibit P18 TRUE COPY OF THE JUDGMENT DATED 18.1.2019 IN WP[C] NO. 1528/2019

Palempadiyan Alavi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Palempadiyan Alavi v. State of Kerala

Case brief

What is this about?

What did the court decide?

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