M/S.BASIL NATURAL TECHNICALLY SPECIFIED RUBBER v. THE VILLAGE OFFICER

by this Court in Exts.P8 and P9. I respectfully concur with the above view.

5. In that view of the matter, I direct the 5th respondent to permit the petitioners to effect mutation over the property and also to issue Location Sketch, RoR, Possession Certificate without making any adverse endorsements. However, it is made clear that the above order will be subject to the adjudication of the title in a Civil Suit, if any, instituted by the State.” The petitioner also relies on the judgment of this Court in Harrisons Malayalam Ltd. v. State of Kerala [2018 (2) KLT 369] in which it is held that when the property is covered by a W.P.(C). No.24707 of 2023 : 5 : valid title, the Government has to establish title by recourse to filing a suit and that the Government have issued G.O. (Ms)No.703/2015/RD dated 30.12.2015 wherein a Special Officer was appointed in respect of the resumption of such Government lands.

3. Heard the learned Government Pleader also, who upon instructions submitted that such endorsements are made only in view of the stand of the Government that they are proposing to file a civil suit in respect of the said properties. The learned Government Pleader could not bring to my notice that any civil suit has been filed and any interim orders have been passed therein. In view of the above facts and circumstances, I concur with the view taken in Ext.P22 judgment. Therefore, the above writ petition is disposed of with a direction to the respondent to re-issue Exts.P20 and P21, with respect to the land of the petitioner, without endorsing any adverse remarks therein. It is made clear that the above order will be subject to the adjudication of the file in a civil suit, if any, instituted by the State. sm/ Sd/- VIJU ABRAHAM JUDGE W.P.(C). No.24707 of 2023 : 6 : APPENDIX OF WP(C) 24707/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 Exhibit P12 Exhibit P13 Exhibit P14 TRUE COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE REGISTRAR OF COMPANIES DATED 26-9-1994 TRUE COPY OF THE CERTIFICATE OF INCORPORATION PURSUANT TO CHANGE OF NAME ISSUED FROM THE OFFICE OF THE REGISTRAR OF COMPANIES, DATED 13-8-2019 TRUE COPY OF RELEVANT PAGES OF SALE DEED BEARING NO.61/1995, DATED 2-1-1995 OF SRO KOTHAMANGALAM TRUE COPY OF RELEVANT PAGES OF SALE DEED BEARING NO.62/1995, DATED 2-1-1995 OF SRO KOTHAMANGALAM TRUE COPY OF RELEVANT PAGES OF SALE DEED BEARING NO.63/1995, DATED 2-1-1995 OF SRO KOTHAMANGALAM TRUE COPY OF RELEVANT PAGES OF SALE DEED BEARING NO.64/1995, DATED 2-1-1995 OF SRO KOTHAMANGALAM TRUE COPY OF RELEVANT PAGES OF SALE DEED BEARING NO.65/1995, DATED 2-1-1995 OF SRO KOTHAMANGALAM TRUE COPY OF RELEVANT PAGES OF SALE DEED BEARING NO.67/1995, DATED 2-1-1995 OF SRO KOTHAMANGALAM TRUE COPY OF RELEVANT PAGES OF SALE DEED BEARING NO.67/1995, DATED 2-1-1995 OF SRO KOTHAMANGALAM TRUE COPY OF RELEVANT PAGES OF SALE DEED BEARING NO.68/1995, DATED 2-1-1995 OF SRO KOTHAMANGALAM TRUE COPY OF RELEVANT PAGES OF SALE DEED BEARING NO.69/1995, DATED 2-1-1995 OF SRO KOTHAMANGALAM TRUE COPY OF THE PERMISSION TO ESTABLISH, DATED 7-4-1995, ISSUED BY THE KEERAMPARA GRAMA PANCHAYAT, TRUE COPY OF THE RECEIPT SHOWING REMITTANCE OF PERMISSION FEES DATED 07-04-95 TRUE COPY OF THE RECEIPT SHOWING REMITTANCE OF LICENSE FEE DATED 13-09-1996 W.P.(C). No.24707 of 2023 : 7 : Exhibit P15 Exhibit P16 Exhibit P17 Exhibit P18 Exhibit P19 Exhibit P20 Exhibit P21 Exhibit P22 TRUE COPY OF THE LICENSE RENEWED BY THE SECRETARY TO THE KEERAMPARA GRAMA PANCHAYAT DATED 1-04-2023 TRUE COPY OF THE EARLIER RECEIPT ISSUED FROM THE VILLAGE OFFICE, ACKNOWLEDGING THE REMITTANCE OF LAND TAX WITH RESPECT TO THE PROPERTY DATED 9-5-1995 TRUE COPY OF THE RECEIPT ACKNOWLEDGING LAND TAX WITH RESPECT TO THE PROPERTY DATED 18- 11-2017 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 7-5-2014 TRUE COPY OF THE RECEIPT SHOWING REMITTANCE OF LAND TAX WITH RESPECT TO THE PROPERTY DATED 3-9-2020 TRUE COPY OF THE LAND POSSESSION CETIFICATE DATED 9-10-20 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE RESPONDENT DATED 17-05-2023 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.13710/2020 DATED 13-7- 2020