IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 33390 of 2008(Y) -------------------------- PETITIONER: -------------- DANIEL VARGHESE, AGED 52, SON OF VARGHESE, VATTAKUZHIL HOUSE POTHIYAMPURAM, THATHAPARA, KARAKKURISSI P.O., MANNARKADU, PALAKKAD DISTRICT, PIN 678 595. BY ADV. SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT. 2. TAHSILDAR, MANNARKKADU TALUK, TALUK OFFICE, MANNARKKADU P.O, PALAKKAD DISTRICT. 3. CHAIRMAN, MANNARKKAD TALUK LAND BOARD, OFFICE OF HE LAND BOARD, MANARKKADU P.O., PALAKKAD DISTRICT. BY GOVERNMENT PLEADER, SRI. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 33390 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November, 2008 JUDGMENT Petitioner claims to be an agriculturist having landed property in Palakkad. He purchased an extent of 4.99 Acres of land as per Ext.P1 sale deed. Mutation was effected and he intended to cultivate rubber. He has approached the Federal Bank for loan and desired to create equitable mortgage of the property. The bank authorities required the petitioner to produce a certificate from the Taluk Land Board to the effect that the property purchased by him is not involved in any ceiling cases under the Land Reforms Act. 2. Petitioner submits that he understands that there was a ceiling case against his vendor and that resulted in Ext.P3. Petitioner submits that he was told that the matter is pending in appeal before this Court. Petitioner then approached the 2nd respondent Tahsildar for a certificate as to whether the land purchased by him under Ext.P1 is involved in ceiling case. 3. In the facts and circumstances of the case I am of the view that the Tahsildar may conduct an enquiry on such application and if it is found that the land purchased by the petitioner is not involved in W.P.(C)No. 33390 OF 2008 -:2:- any ceiling case then a certificate may be issued in this regard. Tahsildar shall conduct enquiry with the Taluk Land Board also before deciding to issue any certificate. If the land is involved in any ceiling case, then a communication may be issued to the petitioner, certifying the said fact. In any event, orders may be issued on Ext.P6 within three months from the date of receipt of a copy of this judgment. (V. GIRI, JUDGE) ttb