IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 31369 of 2008(H) ---------------------------------------- PETITIONER(S): ------------------------- P.B.JEEVAN KUMAR, S/O.P.V.BHANU PANICKER PUSHPAMANGALAM, SIVAN KOVIL ROAD, PUNALUR. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DISTRICT COLLECTOR, KOLLAM-691 001. 3. THE TAHSILDAR, PATHANAPURAM TALUK, PUNALUR 691 305. 4. THE VILLAGE OFFICER, PUNALUR VILLAGE, PUNALUR. GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31369/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE RECEIPT FOR THE PAYMENT OF LAND TAX ISSUED BY THE 4TH RESPONDENT. P2:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. P3:- COPY OF THE LETTER 5045/08 DT. 24.9.08 ISSUED BY THE 4TH RESPONDENT. P4:- COPY OF THE JUDGMENT DT. 3.5.08 IN CC. 18/07 OF THE JFMC, CHANGANASSERY. P5:- COPY OF THE ORDER DT. 22.5.08 IN CRK.MP. 1264/08 IN CRL.A. 324/08 OF THE SESSIONS COURT, KOTTAYAM. P6:- COPY OF THE ORDER DT. 16.6.08 IN ST. 2580/07 OF JFMC-II (MOBILE), KOTTAYAM. P7:- COPY OF THE COMMUNICATION VIS. 071/07 SR. 23.8.07 BY SUB COURT, KOTTARAKARA TO THE 4TH RESPONDENT. P8:- COPY OF THE OM. IS. 63/03 DT. 24.9.08 BY SUB COURT, KOTTARAKARA. P9:- COPY OF THE PETITION DT. 7.10.08 TO THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss V.GIRI,J. ------------------------- W.P ( C) No.31369 of 2008 -------------------------- Dated this the 18th November, 2008 J U D G M E N T Petitioner claims to be an owner in possession of 43 cents of land comprised in Sy. Nos.486/7/13, 486/7/14, 486/7/15. 486/7/16 and 486/7/17 of Punalur village included in thandaper account of 14145. Petitioner wants to avail a loan from the Repco Bank and for this purpose he wanted a possession certificate. Exhibit-P2 application was considered by the village officer and rejected as per Exhibit-P3 stating that the details of the property was furnished before the Judicial First Class Magistrate Court-I, Changanassery in C.C No.532/2004. Petitioner was arrayed as accused in the said case. Though he was originally convicted, petitioner has preferred an appeal and in the meanwhile, sentence has been suspended, as evidenced by Exhibit-P5. According to the petitioner, though the properties were originally attached, there is no subsisting W.P ( C) No.31369 of 2008 2 attachment. In my view, this is a matter to be looked into by the Tahasildar. At any rate, the possession certificate is required only for proving possession of the property or for any other specific purposes. Without going into the merits of the claim made by the petitioner, the writ petition is disposed of directing the 3rd respondent to consider Exhibit-P9 application filed by the petitioner (produced along with I.A No.14395/2008) and take appropriate decision thereon, within six weeks from the date of receipt of a copy of this judgment. (V.GIRI,JUDGE) ma W.P ( C) No.31369 of 2008 3 W.P ( C) No.31369 of 2008 4