IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 35803 of 2009(U) ---------------------------------------- PETITIONER(S): ------------------------ JOSEPHINA, D/O.A.V.LAZER, AKKARAKKARAN HOUSE, FLAT NO.4B, SHANTHI BHAVAN APARTMENTS, T.D.ROAD, ERNAKULAM. BY ADV. SRI.JOHNSON ABRAHAM SRI.S.GOPINATHAN SRI.NELSON ABRAHAM RESPONDENT(S): --------------------------- 1. THE VILLAGE OFFICER, VARAPUZHA VILLAGE, VARAPUZHA P.O. 2. THE SECRETARY, VARAPUZHA GRAMA PANCHAYATH, VARAPUZHA P.O. 3. P.A.CHERIYAN, AGED 45 YEARS, S/O.ANTONY, PALAMATTOM HOUSE, MANNAMTHURUTH KARA, VARAPUZHA VILLAGE, PARAVOOR TALUK. R2 BY ADV. SRI.V.A.MUHAMMED R2 BY ADV. SRI.P.BINNY JOSEPH SRI.T.RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.35803/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE SALE DEED NO.3405/2005 SRO, VARAPUZHA. P2 COPY OF THE BASIC TAX RECEIPT FOR THE PERIOD 2009-2010 DATED 24/10/09 ISSUED BY VILLAGE OFFICE, VARAPUZHA. P3 COPY OF THE JUDGMENT IN OS NO.28/2007 OF PRINCIPAL SUB COURT, NORTH PARAVUR. P4 COPY OF THE SAID INTERIM INJUNCTION ORDER IN I.A.NO.43/2009 IN R.F.A.NO.2/2009 DATED 5/1/09. P5 COPY OF THE CASE SUMMERY RECORD FROM REGIONAL CANCER CENTER, THIRUVANANTHAPURAM. P6 COPY OF THE MEDICAL CERTIFICATE ISSUED FROM SREE SUDHEENDRA MEDICAL MISSION, ERNAKULAM. P7 COPY OF THE ENCUMBRANCE CERTIFICATE DATED 17/1/09. P8 COPY OF THE REJECTION NOTICE NO.BA-113/09-10 DATED 7/7/09 ISSUED BY 2ND RESPONDENT. P9 COPY OF THE RETURNED APPLICATION FOR POSSESSION CERTIFICATE P10 COPY OF THE CITATION IN 2009 (3) KLT 914 TO 916. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 35803 of 2009 --------------------------------------- Dated this the 18th day of August 2011. JUDGMENT The writ petition is filed for a direction directing the first respondent Village officer to issue possession certificate to the petitioner in respect of her property having an extent of 20.187 cents (8.017 Ares) in Sy.No. 264/2 B of Varappuzha Village. Petitioner is the owner and in possession of the aforesaid property by virtue of Sale deed in her favour. The sale deed and the basic tax receipt for the period 2009-10 are produced and marked as Exts.P1 and P2. 2. It is pointed out by the petitioner that the 3rd respondent has filed O.S.No.28/2007 before the Principal Sub Court, North Paravur against the petitioner for specific performance of an agreement for sale dated 8.10.06 and in the alternative for return of advance amount of Rs.2 lakhs. The Civil Court declined the relief of specific performance and granted a decree for realisation of Rs. 2 lakhs paid as advance with interest @ 6% per annum. W.P.(C) No.35803/2009 2 Ext.P3 is the judgment. Learned counsel for the petitioner pointed out that the 3rd respondent preferred an appeal and the same is pending consideration before the Appellate court. 3. The petitioner submitted an application for possession certificate along with encumbrance certificate. The petitioner submits that the Village Officer perused the encumbrance certificate and told the petitioner that possession certificate could not be issued for the said property due to the attachment order of the court and the application for possession certificate was returned to the petitioner. Copy of the returned application for possession certificate is Ext.P9. On satisfaction of the ownership and possession it is the duty of the Village Officer to issue possession certificate whenever the application for the same is submitted. Non- issuance of possession certificate without any valid reason is not justified under any circumstances. 4.Learned Govt.Pleader on instructions submits that at present no application for possession certificate is pending consideration before the Village Officer. If the petitioner submit an application to the Village Officer for issuance of possession certificate the same will be considered W.P.(C) No.35803/2009 3 and appropriate orders will be passed. 5. In the above circumstances, this Court direct the petitioner to submit an application for possession certificate within a period of 10 days from today. On receipt of the application the village officer shall consider the application and shall pass appropriate order and communicate the same to the petitioner. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al