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Abdul Jaleel v. State of Kerala

Kerala HC12 Oct 2023WP(C)/13809/2023

Case brief

AI extract

What is this about?

The court directed the respondents to issue possession certificates to the petitioners without any endorsement regarding the pendency of a vigilance case, noting that the case is against officials and records are not in vigilance custody.

What did the court decide?

Directed the 2nd respondent to issue possession certificate and site plan to the petitioners without any endorsement regarding the pendency of the vigilance case.

Abdul Jaleel Vs State of Kerala — Land Acquisition | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN

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THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945

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WP(C) NO. 13809 OF 2023

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PETITIONERS:

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1ABDUL JALEEL
AGED 57 YEARS,
S/O. K.S ESSA RAWTHER
KARUVALICKAL, EDAKKUNNAM P. O.,
KOTTAYAM, PIN – 686 512.
2MAJO P. VARGHESE
AGED 35 YEARS,
S/O. VARGHESE CHACKO
PARAKADAVIL, PROPOSE P.O.,
KOTTAYAM, PIN – 686 509.
3MUHAMMED NAUFAL K.M
AGED 35 YEARS
S/O. K.M. UMMER, KALLAYIL,
ERUMELY P. O., KOTTAYAM,
PIN – 686 509.
4FAUSIYA C.S.
AGED 28 YEARS
W/O. MUHAMMED NAUFAL K.M.,
KALLAYIL, ERUMELY P. O.,
KOTTAYAM, PIN – 686 509.
5NAUFIYA BEEVI
AGED 32 YEARS
D/O. K.M. UMMER, KALLAYIL,
ERUMELY P.O., KOTTAYAM,
PIN – 686 509.

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BY ADVS.
P.A.MOHAMMED SHAH
RENOY VINCENT
HELEN P.A.
ARUN ROY
SHAHIR SHOWKATH ALI
ATHUL ROY

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001.

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WP(C).No.13809 OF 2023

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2VILLAGE OFFICER
ERUMELY SOUTH VILLAGE OFFICE,
SOUTH ERUMELY P.O.,
KOTTAYAM, PIN – 686 509.
3ERUMELY GRAMA PANCHAYAT
ERUMELY PANCHAYAT OFFICE,
ERUMELY, KOTTAYAM – 686 509,
REPRESENTED BY ITS SECRETARY.

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SRI. RIYAL DEVASSY - GP CHITHRA CHANDRASEKHRAN JIBU P THOMAS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C).No.13809 OF 2023

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JUDGMENT

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The petitioners are aggrieved by the issuance of

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Exts.P14 to P19 possession certificates with an

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endorsement that a vigilance case is pending and no construction shall be carried out in their respective properties.

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The learned counsel for the petitioners invited my attention to Ext.P13 judgment of this Court rendered in respect of an adjacent property of the petitioners and included in the same survey number. The said judgment reads as follows:-

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“Petitioner has approached this Court being aggrieved by the fact that his application for possession certificate has been rejected, as can be seen from Ext.P3, for the following reason ‘vigilance case against the property….’

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When this matter taken up for consideration today, the learned Government Pleader submits that the vigilance case is against the village authorities and there is no objection in a possession certificate being issued to the petitioner.

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Having regard to the aforesaid submission, this writ petition will stand disposed

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WP(C).No.13809 OF 2023

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of directing the competent among the respondents to issue a possession certificate to the petitioner, subject to compliance with usual formalities, within a period of one month from the date of receipt of a certified copy of this judgment.”

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In the light of Ext.P13 judgment and Ext.P20 possession certificate issued pursuant thereto, this Court, by order dated 04.10.2023, directed the learned Government Pleader to get instructions as to whether possession certificate can be issued to the petitioners without any endorsement regarding the pendency of vigilance case.

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The learned Government Pleader, on

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instructions, submits that all records in respect of the petitioners’ properties are available with the 2^nd respondent and not in vigilance custody. It is also submitted that the vigilance case is against the officials.

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In the light of the directions in Ext.P13 judgment, Ext.P20 possession certificate and site plan

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WP(C).No.13809 OF 2023

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and taking note of the fact that the vigilance case is against the officials, there will be a direction to the 2^nd respondent to issue possession certificate to the petitioners without any endorsement regarding the pendency of vigilance case.

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The writ petition is disposed of with the above direction.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).No.13809 OF 2023

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The 4^th line of the 4^th para of the judgment dated 12.10.2023 in W.P(C) 13809/23 is corrected as “there will be a direction to the 2^nd respondent to issue possession certificate and site plan to the petitioners”

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as per the order dated 22.12.2023 in I.A 4/2023 in W.P (C) 13809/23.

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Joint Regist rar

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WP(C).No.13809 OF 2023

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APPENDIX

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PETITIONER’S EXHIBITS :-

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EXHIBIT P1THE TRUE COPY OF THE LAND TAX RECEIPT
ISSUED TO THE PETITIONER NO.1 DATED
03.04.2023.
EXHIBIT P2THE TRUE COPY OF THE LAND TAX RECEIPT
ISSUED TO THE PETITIONER NO.2 DATED
03.09.2022.
EXHIBIT P3THE TRUE COPY OF THE LAND TAX RECEIPT
ISSUED TO THE 3RD PETITIONER DATED
13.09.2021.
EXHIBIT P4THE TRUE COPY OF THE LAND TAX RECEIPT
ISSUED TO THE PETITIONER NO.4 DATED
29.09.2022.
EXHIBIT P5THE TRUE COPY OF THE LAND TAX RECEIPT
ISSUED TO THE PETITIONER NO.4 DATED
13.09.2021.
EXHIBIT P6THE TRUE COPY OF THE LAND TAX RECEIPT
ISSUED TO THE PETITIONER NO.5 DATED
06.04.2023.
EXHIBIT P7THE TRUE COPY OF THE RECEIPT ISSUED TO
THE PETITIONER NO.1 DATED 11.04.2023.
EXHIBIT P8THE TRUE COPY OF THE RECEIPT ISSUED TO
THE PETITIONER NO.2 DATED 10.04.2023.
EXHIBIT P9THE TRUE COPY OF THE RECEIPT ISSUED TO
THE PETITIONER NO.3 DATED 11.04.2023.
EXHIBIT P10THE TRUE COPY OF THE RECEIPT ISSUED TO
THE PETITIONER NO.4 DATED 11.04.2023.
EXHIBIT P11THE TRUE COPY OF THE RECEIPT ISSUED TO
THE PETITIONER NO.5 DATED 11.04.2023.
EXHIBIT P12THE TRUE COPY OF THE SCREENSHOT TAKEN
FROM WWW.EDISTRICT.KERALA.GOV.IN.
EXHIBIT P13THE TRUE COPY OF THE JUDGMENT PASSED IN
WRIT PETITION (CIVIL) NO.36519/2022
DATED 22.03.2023.
EXHIBIT P14THE TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED TO THE PETITIONER
NO.1 DATED 20.04.2023.

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WP(C).No.13809 OF 2023

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`EXHIBIT`	`P15` `THE TRUE`	`COPY OF THE POSSESSION`
	`CERTIFICATE` `NO.2 DATED`	`ISSUED TO THE PETITIONER` `24.04.2023.`
`EXHIBIT`	`P16` `THE TRUE` `CERTIFICATE` `NO.3 DATED`	`COPY OF THE POSSESSION` `ISSUED TO THE PETITIONER` `20.04.2023.`
`EXHIBIT`	`P17` `THE TRUE` `CERTIFICATE` `NO.4 FOR PR` `P4 DATED 20`	`COPY OF THE POSSESSION` `ISSUED TO THE PETITIONER` `OPERTY COVERED UNDER EXHIBIT` `.04.2023.`
`EXHIBIT`	`P18` `THE TRUE` `CERTIFICATE` `NO.4 COVER` `20.04.2023.`	`COPY OF THE POSSESSION` `ISSUED TO THE PETITIONER` `ED UNDER EXHIBIT P5 DATED`
`EXHIBIT`	`P19` `THE TRUE` `CERTIFICATE` `NO.5 DATED`	`COPY OF THE POSSESSION` `ISSUED TO THE PETITIONER` `20.04.2023.`
`EXHIBIT`	`P20` `THE TRUE` `CERTIFICATE` `WRIT PETI` `DATED 04.04`	`COPY OF THE POSSESSION` `ISSUED TO THE PETITIONER IN` `TION (CIVIL) NO.36519/2022` `.2023.`

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RESPONDENTS EXHIBITS: NIL.

Abdul Jaleel v. State of Kerala

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Abdul Jaleel v. State of Kerala

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