IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 WP(C).No. 28845 of 2010(E) -------------------------- PETITIONER(S): -------------------- KAROONJIYIL GANGADHARAN, S/O.KOORUKUTTY,MATTULAYIMAL,VALLIYAPARAMB(P.O), KODUVALLY VIA,KOZHIKODE. BY ADV. SMT.SREEKALA KRISHNADAS RESPONDENT(S): ----------------------- 1. VILLAGE OFFICER,KIZHAKOTH VILLAGE, KODUVALLY,KOZHIKODE-673 572. 2. TAHSILDAR,TALUK OFFICE,CIVIL STATION, KOZHIKODE-673004. GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 28845 OF 2010 (E) ===================== Dated this the 1st day of October, 2010 J U D G M E N T Petitioner challenges the endorsement made by the Village Officer, Kizhakoth on Ext.P4 application made by him for a possession certificate in respect of his property situated in RS 29/1 having an extent of 26.1471 cents. A reading of the endorsement made by the Village Officer shows that the reason for declining possession certificate is that a tele communication tower is proposed to be constructed in the land and that there are some complaints against such proposal. 2. In my view, the aforesaid proposal or the alleged complaints that are received are irrelevant and immaterial if the petitioner is otherwise in ownership and possession of the land in question. Therefore, the view taken by the Village Officer to reject the application made by the petitioner is absolutely unacceptable and the order rejecting the request of the petitioner is to be quashed and I do so. Petitioner is directed to resubmit his application to the 1st respondent, who shall conduct enquiries and pass orders in accordance with law and in the light of the WPC No. 28845/10 :2 : aforesaid observations. Once application is submitted by the petitioner, orders shall be passed within four weeks. 3. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp