Allowed

William P John v. the District Collector, Idukki

Kerala HC4 Oct 2023WP(C)/25107/2023

Case brief

AI extract

What is this about?

A writ petitioner held valid title via sale deed but faced refusal of revenue certificates because the property appeared in the Rajamanikyam Commission Report. The court directed authorities to issue certificates without adverse endorsements, subject to pending civil title disputes.

What did the court decide?

Directing the 3rd respondent to issue revenue certificates without adverse endorsements and permit payment of land tax.

William P John Vs the District Collector, Idukki — 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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WEDNESDAY, THE 4TH DAY OF OCTOBER 2023 / 12TH ASWINA, 1945
WP(C) NO.25107 OF 2023

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PETITIONER:

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WILLIAM P.JOHN, AGED 58 YEARS
S/O.JOHN, PALAPPARAMBIL, UPPUTHARA P.O,
IDUKKI DISTRICT, PIN - 685505

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BY ADVS.

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T.A.UNNIKRISHNAN
K.K.AKHIL
T. SREELAKSHMI UNNIKRISHNAN

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, IDUKKI COLLECTORATE, IDUKKI, PIN - 685603

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2 THE TAHSILDAR TALUK OFFICE, PEERMADE, IDUKKI, PIN - 685531

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3 THE VILLAGE OFFICER VILLAGE OFFICE, UPPUTHARA, IDUKKI, PIN – 685505 BY SRI.RIYAL DEVASSY, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO.25107 OF 2023 2

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JUDGMENT

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The petitioner states that he is having
absolute title, possession and ownership over 48
Ares and 56 Sq.Meters of purayidom situated in
Survey No.338/1-79 of Upputhara Village in
Peermade Taluk in Idukki District obtained by
virtue of Ext.P2 Sale Deed. Since the petitioner
is intending to sell a portion of the property, he
appliedforRORCertificate,Possession
Certificate and other revenue certificates from
the 3rd respondent. However, the 3rd respondent
refused to grant the said certificates, since the
survey number of the property is included in the
Rajamanikyam Commission Report. Accordingly, the
petitioner has approached this Court to direct the
3rd respondent to accept basic tax in respect of
the property covered by Ext.P2 Sale Deed and issue

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WP(C) NO.25107 OF 2023 3

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revenue certificates without making any adverse
endorsements. The petitioner refers to Ext.P3
judgment of this Court passed under similar
circumstances, wherein this Court directed the
revenue authority to issue revenue certificates
including ROR certificate, location sketch and
possession certificate, without making any adverse
endorsements, on remitting the requisite fees.

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

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3. The petitioner has obtained title to the
property by virtue of Ext.P2 Sale Deed. In Ext.P3
judgment this Court has held that proceedings
under the Land Conservancy Act cannot be invoked
in cases where the party concerned has valid title
over the property. It was further held that, in

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WP(C) NO.25107 OF 2023 4

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such cases, the State will be free to initiate
appropriate civil proceedings to establish its
title and until such orders are obtained in Civil
Court proceedings, no embargo can be placed on the
right of the petitioner to enjoy the property or
in dealing with the same in the manner they
choose.

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4. Accordingly, in the light of Ext.P3
judgment I direct the 3rd respondent to issue
Revenue Certificates including ROR, Possession
Certificates and location sketch without making
any adverse endorsements on remitting the
requisite fees. The petitioner shall also be
permitted to pay land tax in respect of the
aforesaid property and tax receipt shall not carry
any adverse endorsement. It is made clear that the
direction in this judgment will be subject to

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WP(C) NO.25107 OF 2023 5

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adjudication of title in any civil suit, if
instituted by the Government.

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The writ petition is disposed of.

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Sd/-

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MURALI PURUSHOTHAMAN

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 JUDGE

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sp/04/10/2023

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WP(C) NO.25107 OF 2023

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1TRUE COPY OF THE BASIC TAX RECEIPT,
DATED 16/3/2023 ISSUED BY THE 3RD
RESPONDENT
EXHIBIT P2TRUE COPY OF THE EXCHANGE DEED NUMBER
1198/1/09 DATED 30/4/2009 OF SRO,
PEERMADE
EXHIBIT P3TRUE COPY OF THE JUDGMENT DATED
6/11/2020 IN WP(C) NO.19377/2020 OF
THIS HON'BLE COURT

William P John v. the District Collector, Idukki

Case brief

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William P John v. the District Collector, Idukki

Case brief

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