Disposed

O.A. Chacko v. State of Kerala

Kerala HC12 Oct 2023WP(C)/17131/2023

Case brief

AI extract

What is this about?

The High Court of Kerala directed revenue authorities to issue possession, location sketch, and other revenue certificates to petitioners regarding their properties within one month, without prejudice to respondent contentions, following a previous judgment.

What did the court decide?

Relief directed respondents to issue possession, location sketch, and revenue certificates within one month.

O.A. Chacko Vs State of Kerala — Land Acquisition | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945
WP(C) NO. 17131 OF 2023

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PETITIONERS:

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1 O.A.CHACKO, AGED 72 YEARS, S/O.AUGUSTINE ORAVANAMTHADATHIL, NATHAMKUNNI, THRIKKAIPETTA, WAYANAD, PIN - 673577

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2 CHINNAMMA, AGED 65 YEARS, W/O.O.A.CHACKO, ORAVANAMTHADATHIL, NATHAMKUNNI, THRIKKAIPETTA, WAYANAD, PIN - 673577

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3 O.A.GEORGE, AGED 63 YEARS, S/O.AUGUSTINE, ORAVANAMTHADATHIL HOUSE, NATHAMKUNI.P.O., MEPPADY, WAYANAD, PIN - 673577

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BY ADVS.
ZAKEER HUSSAIN
K.A.SANJEETHA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE TAHSILDAR, VYTHIRI TALUK OFFICE, VYTHIRI, WAYANAD, PIN - 673576

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3 THE VILLAGE OFFICER THRIKKAIPPETTA VILLAGE, WAYANAD, PIN – 673577 BY SRI.BIMAL K.NATH, SR.GOVERNMENT PLEADER

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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.17131 OF 2023

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JUDGMENT

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Petitioners are the owners in possession of
the properties covered by Exts.P1 to P5. After
obtaining title over their respective properties,
mutation has been effected and they have been
paying land tax as evident from Exts.P6 to P9.
Though the petitioners have been issued with
thandaper certificate pursuant to Ext.P10
judgment, they have not been issued with
possession certificate, location sketch and other
revenue certificates on the ground that the
properties originally belonged to M/s.Harisson
Malayalam Ltd.

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2. Heard the learned counsel for the
petitioners as well as the learned Government
Pleader appearing for the respondents.

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WP(C) NO.17131 OF 2023

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3. This Court in judgment dated 12.11.2018 in
WP(C) No.35170 of 2018, issued directions to the
revenue authorities to issue thandaper certificate
to the petitioner therein without prejudice to the
contentions of the respondents with regard to the
properties in question. Following the said
judgment, this Court had disposed of a batch of
writ petitions as evident from Ext.P10 judgment.

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4. This Court does not find any reason to take
a different view in this matter. Accordingly, this
writ petition is disposed of directing the
respondents to issue possession certificate,
location sketch and other revenue certificates in
respect of the petitioners’ properties at the
earliest, at any rate, within a period of one
month from the date of receipt of a certified copy
of this judgment. It is also made clear that
issuance of such certificates will be without

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WP(C) NO.17131 OF 2023

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prejudice to the contentions of the respondents
with regard to the properties in question.

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Sd/-

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MURALI PURUSHOTHAMAN

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 JUDGE

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sp/13/10/2023

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WP(C) NO.17131 OF 2023

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APPENDIX

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PETITIONERS' EXHIBITS:-

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`EXHIBIT.P1`	`TRUE` `DATED` `OFFIC`	`COPY OF THE SALE DEED NO.3348 OF 1981` `18/09/1981 OF KALPPETTA SUB REGISTRY` `E.`
`EXHIBIT.P2`	`TRUE` `2015` `REGIS`	`COPY OF THE SETTLEMENT DEED NO.489 OF` `DATED 10/02/2015 OF KALPPETTA SUB` `TRY OFFICE.`
`EXHIBIT.P3`	`TRUE` `23/03`	`COPY OF THE SALE DEED NO.1230/1986 DATED` `/1986 OF KALPPETTA SUB REGISTRY OFFICE.`
`EXHIBIT.P4`	`TRUE` `18/09`	`COPY OF THE SALE DEED NO.3415/1981 DATED` `/1981 OF KALPPETTA SUB REGISTRY OFFICE.`
`EXHIBIT.P5`	`TRUE` `2018` `REGIS`	`COPY OF THE SETTLEMENT DEED NO. 2784 OF` `DATED 06/10/2018 OF KALPPETTA SUB` `TRY OFFICE .`
`EXHIBIT.P6`	`TRUE` `ISSUE` `1ST P`	`COPY OF THE TAX RECEIPT DATED 25/04/2022` `D BY THE 3RD RESPONDENT IN RESPECT OF` `ETITIONER'S 39.23 ARES OF PROPERTY .`
`EXHIBIT.P7`	`TRUE` `ISSUE` `2ND P`	`COPY OF THE TAX RECEIPT DATED 25/04/2022` `D BY THE 3RD RESPONDENT IN RESPECT OF` `ETITIONER'S 0.21 ARES OF PROPERTY.`
`EXHIBIT.P8`	`TRUE` `ISSUE` `3RD P`	`COPY OF THE TAX RECEIPT DATED 04/06/2022` `D BY THE 3RD RESPONDENT IN RESPECT OF` `ETITIONER'S 66.35 ARES OF PROPERTY .`
`EXHIBIT.P9`	`TRUE` `ISSUE` `3RD P` `ARES`	`COPY OF THE TAX RECEIPT DATED 04/06/2022` `D BY THE 3RD RESPONDENT IN RESPECT OF` `ETITIONER'S 32.40 ARES, 14.15 ARES AND 4` `OF PROPERTIES.`
`EXHIBIT.P10`	`TRUE` `WRIT`	`COPY OF THE JUDGMENT DATED 10/01/2023 IN` `PETITION (C) NO.40995 OF 2022 .`

O.A. Chacko v. State of Kerala

Case brief

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O.A. Chacko v. State of Kerala

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