BABU v. THE STATE OF KERALA

BY ADV.SRI.JUSTIN JACOB, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

23.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.42494/2023 2 JUDGMENT Dated this the 23rd day of January, 2024 Petitioner has approached this Court seeking to quash Ext.P3 communication dated 10.10.2023 and for a direction to the fifth respondent to issue all revenue certificates such as location sketch, ROR, Possession Certificate, Genuinity Certificate etc. with respect to the property covered by Ext.P1 sale deed in favour of the petitioner. Petitioner also seeks for a direction to accept land tax provisionally without imposing any condition on the basic tax receipt.

2. Petitioner is the owner in possession and enjoyment of property having an extent of 10.12 Ares comprised in survey No.338/183 in Upputhara Village of Peermade Taluk obtained as per Ext.P1 sale deed. Petitioner has been regularly paying tax in respect of the said property which is evident from Ext.P1(a) land tax receipt dated 07.07.2023. Petitioner submits that in Ext.P1(a), there is an endorsement that the basic tax is accepted provisionally as per G.O.No.172/2019 dated 06.06.2019. The request made by the petitioner for issuance of revenue certificates such as location WP(C) NO.42494/2023 3 sketch, ROR, Genuinity Certificate and other revenue certificates was rejected by the fifth respondent as per Ext.P3 for the reason that the property form part of Harrisons Malayalam Ltd. and they propose to file a civil suit for recovery of the property from the petitioner, which was issued on the basis of Ext.P4 proceedings of the Special Officer and Collector dated 12.08.2016 and Ext.P4(a) order dated 06.06.2019. Petitioner submits that the issue is covered in his favour by the judgments of this Court in Exts.P5, P6 and P7. Petitioner submits that relying on Ext.P6 judgment dated

18.02.2019, this Court, as per Ext.P7 judgment in W.P.(C) No.16908 of 2021 dated 08.09.2021, has allowed similar claim raised by similarly situated persons. The said judgment is extracted herein below : “When this matter was called today, it was conceded by the learned Senior Government Pleader, Shri.Aswin Sethumadhavan, that the issues projected by the petitioners in this writ petition have already been answered in their favour by a learned Judge of this Court in Ext.P7 judgment.

2. In the afore circumstances, I am certain that petitioners are also entitled to the same relief, as has been granted by this Court to the petitioners in W.P(C) No.25805 of 2020, from which Ext.P7 judgment has emanated. WP(C) NO.42494/2023 4 In the afore circumstances, being guided by Ext.P7, I allow this writ petition, directing the competent respondent to consider the request made by the petitioners for issuance of documents like possession certificate, location sketch, ROR certificate and such other - with respect to the properties covered by Ext.P1 and Ext.P1(a) - and to issue the same to them. It is further ordered that the tax receipts and other documents to be issued to the petitioners shall not carry any adverse endorsement; however, clarifying that the directions issued in this judgment will be subject to any adjudication of the title of the petitioners in a civil suit, if any, instituted by the State of Kerala and its competent Authorities. Needless to say, in view of my afore directions, the endorsement in Ext.P2 and Ext.P2(a) tax receipts shall be effaced by the competent Authority; or a fresh certificate shall be issued without it, at the earliest.”

3. Learned Government Pleader, upon instructions, submits that the issue raised by the petitioner is covered by Ext.P7 judgment, which was issued following Ext.P6 judgment. Learned Government Pleader further submits that in the said judgments, the directions issued were subject to any adjudication of title of the petitioners in a civil suit, if any, instituted by the State of Kerala and its competent authorities. WP(C) NO.42494/2023 5

4. In view of the facts and circumstance, the above Writ Petition is allowed setting aside Ext.P3 with a consequential direction to the fifth respondent to issue all revenue certificates such as location sketch, ROR, Possession Certificate, Genuinity Certificate etc. with respect to the property covered by Ext.P1 in favour of the petitioner without any endorsement as to any conditions etc. and also to accept land tax provisionally without any endorsement imposing any conditions on the basic tax receipt. It is made clear that the direction issued in this judgment is subject to any adjudication of title of the petitioner in a civil suit, if any, instituted by the State of Kerala and its competent authorities. Sd/- VIJU ABRAHAM JUDGE WP(C) NO.42494/2023 6 APPENDIX OF WP(C) 42494/2023 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P1(a) Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P4(a) Exhibit P5 Exhibit P6 Exhibit P7 TRUE COPY OF THE SALE DEED NO 602/1997 DATED 27/02/1997 OF PEERMADE SRO TRUE COPY OF THE LAND TAX RECEIPT DATED 07/07/2023 TRUE COPY OF THE SALE DEED NO 1283/1990 DATED 17/09/1990 OF PEERMADE SRO TRUE COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT DATED 11/10/2023 TRUE COPY OF THE PROCEEDINGS NO. GLR(LR) 210/15/PER-TCO DATED 12/8/2016 OF THE SPECIAL OFFICER & COLLECTOR A TRUE COPY OF THE GO NO. 172/2019 ISSUED BY THE 1ST RESPONDENT ON 6/6/2019 TRUE COPY OF THE JUDGMENT DATED 7/11/2018 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 40002/2016 AND CONNECTED CASES TRUE COPY OF THE JUDGMENT DATED 18/2/2019 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 4647/2019 A TRUE COPY OF JUDGMENT DATED 08/09/2021 IN W.P.(C). NO.