Disposed

Mini Reji v. the State of Kerala

Kerala HC11 Jun 2024WP(C)/12279/2024

Case brief

AI extract

What is this about?

Petitioner sought mutation and revenue certificates for 2.83 Ares in Upputhara Village; refusal was based on restrictions over properties of Harrisons Malayalam Ltd and similar companies including Peermade Tea Company. Following prior judgments of the court, including a Division Bench decision, the court directed mutation and issuance of revenue certificates without prejudice to the State's right

What did the court decide?

Direction to respondents 3-5 to effect mutation and issue revenue certificates, without prejudice to State's right to sue.

Mini Reji Vs the State of Kerala — Land Acquisition | Kerala HC (2024)

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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 C. JAYACHANDRAN

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TUESDAY, THE 11^TH DAY OF JUNE 2024/21ST JYAISHTA, 1946

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WP(C) NO.12279 OF 2024

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PETITIONER:

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MINI REJI, AGED 50 YEARS, W/O.REJI, MALIYEKKAL HOUSE, UPPUTHARA KARA, UPPUTHARA VILLAGE, IDUKKI, PIN – 685505.

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BY ADVS. BIJU C. ABRAHAM THOMAS C.ABRAHAM BASIL MATHEW

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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, PIN – 695001.

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2 THE STATE SPECIAL OFFICER & COLLECTOR, GOVERNMENT LAND RESUMPTION, THIRUVANANTHAPURAM, PIN – 695001.

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3 THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, IDUKKI, PIN – 685603.

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4 THE TAHSILDAR, PEERMADE TALUK, IDUKKI DISTRICT, PIN – 685538.

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5 THE VILLAGE OFFICER, UPPUTHARA VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT, PIN – 685505.

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BY ADVS.AJITH VISWANATHAN, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.12279 of 2024

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JUDGMENT Dated, this the 11^th June, 2024

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Petitioner claims title to the subject property having an extent of 2.83 Ares in Survey No.338/3/4/5 of Upputhara Village. He applied for mutation of the said property, as also, for issuance of Revenue Certificates including possession certificate, location sketch etc. The same was refused vide Ext.P3, holding that as per the report of the Special Officer & Collector, restrictions have been imposed

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in issuing Revenue Certificates in respect of the subject property, along with the other properties.

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2. This is based on the premise that the

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properties, which were originally held by Harrisons Malayalam Limited and also similar companies, have been illegally transacted, wherefore payment of land tax cannot be allowed. In the instant case, it is the stand of the respondent that the subject property originally belonged to Peermade Tea Company, and therefore, mutation cannot be effected and so also

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W.P(C) No.12279 of 2024

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Revenue Certificates cannot be issued.

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3. The subject matter involved in this matter is covered by the judgments of this Court in Exts.P5, P6 and P7, of which, the last one is by a Division Bench of this Court. In Ext.P7 judgment, the property held by Peermade Tea Company itself was the subject matter, wherein the revenue authorities were directed to issue tax receipt, and also, other Revenue Certificates, without prejudice to the right of the State of Kerala to proceed against the property in accordance with law.

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4. In the light of the above referred facts and circumstances, there will be a direction to the respondents 3 to 5 to effect mutation of the property in the name of the petitioner and also to issue all Revenue Certificates like location sketch, ROR certificate, possession certificate, Genuinity Certificate etc., provided the petitioner is otherwise entitled to receive the same. Needless

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W.P(C) No.12279 of 2024

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to say that, this judgment will not stand in the way of the State of Kerala in instituting any civil suit to enforce any of its rights.

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This Writ Petition is disposed of as above.

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Sd/-

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C.JAYACHANDRAN, JUDGE

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W.P(C) No.12279 of 2024

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APPENDIX OF WP(C) 12279/2024

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.3238/2021 DATED 06/11/2021 OF PEERMADE SRO.

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EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 29/02/2024 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT DATED 29/02/2024.

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EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO. GLR(LR)210/15/PER-TCO DATED 12/8/2016 OF THE SPECIAL OFFICER & COLLECTOR.

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EXHIBIT P4(A) A TRUE COPY OF THE GO NO.172/2019 ISSUED BY THE 1ST RESPONDENT ON 6/6/2019.

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EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 7/11/2018 PASSED BY THIS HON'BLE COURT IN WP(C) NO.40002/2016 AND CONNECTED CASES.

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EXHIBIT P6 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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EXHIBIT P7 A TRUE COPY OF JUDGMENT DATED 20/02/2024 IN W.P.(C) NO.2768/2024.

Mini Reji v. the State of Kerala

Case brief

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What did the court decide?

Mini Reji v. the State of Kerala

Case brief

What is this about?

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