IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 10866 of 2010(G) ---------------------------------- PETITIONER(S): -------------------- 1. MARYKUTTY, AGED 62 YEARS, D/O.VARKEY, THERAMBIL HOUSE, KALKOONTHAL VILLAGE, CHAKKAKANAM KARA, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. JIMMICHAN, AGED 32 YEARS, S/O.ANTONY, PULIKKATHUNDIYIL HOUSE, KALKOONTHAL VILLAGE, CHAKKAKANAM KARA, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 3. MATTICHAN, AGED 35 YEARS, S/O.ANTONY, PULIKKATHUNDIYIL HOUSE, KALKOONTHAL VILLAGE, CHAKKAKANAM KARA, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.S.DILEEP (KALLAR) RESPONDENT(S): -------------------- 1. STATE OF KERALA, REP. BY SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, LAND BOARD, THIRUVANANTHAPURAM. 3. THE VILLAGE OFFICER, VILLAGE OFFICE, KALKOONTHAL, IDUKKI DISTRICT. BY GOVT. PLEADER SRI.GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 10866/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BASIC TAX RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 19/06/2009. P2: COPY OF THE BASIC TAX RECEIPT DATED 19/06/2009 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER P3: COPY OF THE BASIC TAX RECEIPT DATED 19/06/2009 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER P4: COPY OF THE REPRESENTATION DATED 29/09/2009 SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT P5: COPY OF THE LETTER NO.276/09 DATED 29/09/2009 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. P6: COPY OF THE DOCUMENT BEARING NO.558/79 OF KATTAPPANA S.R.O P7: COPY OF THE PETITION DATED 13/01/2010 SUBMITTED BY THE PETITIONERS AND OTHER SIMILARLY SITUATED PERSONS TO THE 2ND RESPONDENT. P8: COPY OF THE SKETCH PREPARED BY THE TALUK SURVEYOR, UDUMBANCHOLA. P9: COPY OF THE REPORT NO.LRM.184/10 PREPARED BY THE TALUK SURVEYOR, UDUMBANCHOLA. P10: COPY OF THE LETTER NO.H3/12997/2006 DATED 3,2,2011 ISSUED BY THE ADDL. TAHSILDAR, UDUMBANCHOLA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 10866 OF 2010 ----------------------------------------------------- Dated this the 5th day of September, 2011 J U D G M E N T First petitioner is the owner of 70.06 ares of property in Sy.No.139/1 of Kalkoonthal Village. Petitioners 2 and 3 also own 29.42 and 14.35 Ares of property in the aforesaid Sy.No. In this writ petition their grievance is that despite having applied for issuance of a possession certificate and location sketch of the properties the said documents are declined to be issued, on the ground that a ceiling case concerning the properties of one T.M. Mani are pending before the 2nd respondent and that until orders are passed and communicated, the request of the petitioners cannot be considered. They have been issued with Ext.P8. It is thereupon the writ petition is filed for the issuance of possession certificate and location sketch. W.P.(C) No. 10866 OF 2010 :2 : 2. Along with I.A.6046/11 petitioners have produced Exts.P9 and P10, reports submitted by the Taluk Surveyor and Additional Tahsildar to the Deputy Collector (LR). In both these documents it is stated that although the Sy.No. of the properties of the petitioner are also involved, in Land Board Proceedings, the properties of the petitioners are not involved in the said proceedings. In the light of this, the pendency of the Land Board Proceedings cannot be a reason for rejecting the application of the petitioner. 3. In that view of the matter I dispose of the writ petition directing the 3rd respondent to examine with reference to Exts.P8 and P9 reports referred to above as to whether the properties in the possession of petitioners are also involved in the Taluk Land Board proceedings against Mr.T.M.Mani and on such examination if it is found that the properties are outside the proceedings it is directed W.P.(C) No. 10866 OF 2010 :3 : that possession certificate and location sketch be issued to the petitioners. Orders as above shall be passed as expeditiously as possible at any rate within four weeks from the date of receipt of a copy of this judgment along with a copy of this writ petition. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge