IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 31726 of 2010(M) ------------------------------------ PETITIONER(S): ------------------------- POOMULLI NEELAKANDAN NAMBOOTHIRIPAD, MEMORIAL BHARATHEEYA SASTHRA VIDYA PEEDHAM, REP. BY ITS PRESIDENT MR. M.MURALEEDHARAN, AGED 64 YEARS, S/O. NARAYANAN NAIR, SHORNUR, PIN-679 123. BY ADVS. SRI.N.M.MADHU SRI.RAJAN C.S. RESPONDENT(S): ------------------------- 1. THE THRISSUR DISTRICT COLLECTOR, COLLECTORATE, THRISSUR-680 001. 2. VILLAGE OFFICER, CHERUTHURUTHY, THRISSUR DISTRICT-680 001. 3. THE SECRETARY, CHERUTHURUTHY GRAMA PANCHAYATH, CHERUTHURUTHY, THRISSUR DISTRICT, PIN-680 001. GOVERNMENT PLEADER SRI.T.K. ARAVIND KUMARBABU ADV. SRI.G.SREEKUMAR (CHELUR) FOR R3 SRI.K.RAVI (PARIYARATH) FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31726 of 2010(M) --------------------------------------------- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER DT. 22.01.1986 EXT.P2 : COPY OF TE ORDER DT. 13.07.2004 EXT.P3 : COPY OF TE BASIC TAX RECEIPT FOR THE YEAR 2007-08 EXT.P3(a) : COPY OF THE BASIC TAX RECEIPT FOR THE YEAR 2008-09 EXT.P3(b) : COPY OF THE BASIC TAX RECEIPT FOR THE YEAR 2009-10 EXT.P3(c) : COPY OF THE BASIC TAX RECEIPT FOR THE YEAR 2010-11 EXT.P4 : COPY OF THE POSSESSION CERTIFICATE DT. 05.03.2010 EXT.P5 : COPY OF THE AGREEMENT DT. 16.01.06 EXT.P6 : COPY OF THE SPECIAL POWER OF ATTORNEY DEED DT. 29.03.10 EXT.P7 : COPY OF THE ORDER DT. 12.11.09 EXT.P8 : COPY OF THE LETTER DT. 23.11.09 EXT.P9 : COPY OF THE LETTER DT. 19.12.09 EXT.P10 : COPY OF THE LETTER DT. 28.12.09 EXT.P11 : COPY OF THE APPLICATION DT. 28.12.09 EXT.P12 : COPY OF THE BASIC TAX REGISTER ISSUED BY THE VILLAGE OFFICE EXT.P13 : COPY OF THE COMMUNICATION DT. 14.03.86 ISSUED BY THE GOVERNMENT TO THE 1ST RESPONDENT RESPONDENT'S EXHIBITS: NIL TRUE COPY PA TO JUDGE SMT ANTONY DOMINIC, J. ---------------------------------- W.P.(C)No. 31726 OF 2010 --------------------------------------------- Dated this the 5th day of April, 2011 J U D G M E N T The petitioner had purchased 1.86 Acres of land situated in Survey Nos.317/1, 325/1, 325/3, 325/5 and 316/2 of Cheruthuruthy Village in Thalappilly Taluk from the Kerala Kalamandalam. Subsequently, the petitioner applied to the 3rd respondent Panchayath for a building permit for constructing a building in the land in question. Thereupon, the Panchayath issued Ext.P8, requiring the petitioner to produce classification certificate from the revenue authorities. Thereupon, the petitioner submitted Ext.P9 application in the Village Office. There was no response. Then, he approached the District Collector through Ext.P11 application. Even on that, there was no response and hence he has filed this writ petition. 2. The stand taken by the learned Government Pleader before this Court was that, as per the revenue records, the property is a 'Puramboke' land and that 'Patta' has not been obtained by the petitioner or his predecessor. Along with W.P.(C).No. 31726 OF 2010 2 I.A.No.6057 of 2011, the petitioner has now produced Government Letter No.67066/A3/85/RD dated 28.2.1986 from the Secretary to Government, Revenue (A) Department, Trivandrum to the Secretary, Board of Revenue, Trivandrum, with copy to the District Collector, Trichur, which reads as under:- “Sir, Sub: Assignment – land- 1 acre 86 cents of land in Sy.No.316/2, 317/1, 325/1 and 325/5 in favour of Cheruthuruthy Co-operative Hospital Ref: Your letter No.LRJ5-37819/85 dated 21.11.1985 .......... I am to forward herewith a copy of G.O (Rt) No.19/86/CD dated 22.1.86 giving sanction to the Secretary, Kerala Kalamandalam for the sale of land to the Cheruthututhy Co-operative Dispensary Limited, Cheruthuruthy and to inform you that the contention of the District Collector, Trichur that the land in question is poramboke land is not correct. The land was acquired for the Kerala Kalamandalam by the erstwhile Government of Cochin as per its orders No.R4-12624/09 dated 6-6-1934 and D.Dis.12624/09 dated 18-4-1935. Yours faithfully Sd/- Under Secretary For Secretary to Govt.” W.P.(C).No. 31726 OF 2010 3 3. In the light of the contents of this letter, it would appear that the stand of the respondents that, the land is a 'puramboke' is not factually correct. 4. In view of this, what is required that is the 1st respondent shall consider Ext.P11 application made by the petitioner for the issuance of classification certificate in the light of Ext.P13 extracted above. This the 1st respondent shall do, as expeditiously as possible, at any rate, within six weeks from the date of production of a copy of this judgment. ANTONY DOMINIC, JUDGE dmb