IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 21659 of 2005(C) -------------------------- PETITIONER: ------------ KUNJAMMA JOSEPH, W/O.THOMAS, AGED 68 YEARS, RESIDING AT NELLIMALA HOUSE, PERUMPARA, KURIYANOOR. BY ADV. SRI.SAJITH KUMAR V. SMT.G.R.LEKSHMI SRI.JOHNSON T. JOHN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 3. THE TAHSILDAR, THIRUVALLA. 4. THE VILLAGE OFFICER, THOTTAPPUZHASSERY, THIRUVALLA. 5. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, KOZHENCHERRY, PATHANAMTHITTA DISTRICT. BY GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.21659/2005 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE ORDER NO.1313.7762/2002, DT.4.5.2005 ISSUED BY THE 3RD RESPONDENT. EXT.P2: COPY OF THE JUDGMENT IN W.P.(C) NO.484/05 DT.31.3.2005. EXT.P3: COPY OF THE TAX RECEIPT DT.3.3.2003 ISSUED BY THE 4TH RESPONDENT. EXT.P4: COPY OF THE PETITION DT.11.6.2004 SUBMITTED BY THE PETITIONER OF THE 3RD RESPONDENT. EXT.P5: COPY OF THE AGREEMENT DT.8.12.2004 ENTERED BETWEEN THE PETITIONER ONE MR.HARIKUMAR. EXT.P6: COPY OF THE REPRESENTATION DT.10.12.2004 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR, J. -------------------------------------- W.P.(C) No.21659 OF 2005 -------------------------------------- Dated this the 5th day of September, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner submits she moved the Tahsildar for possession certificate and survey sketch of her property in Thottapuzhassery village in Thiruvalla taluk. The said application was rejected by Ext.P1 communication dated 4.5.2005 by the Tahsildar, Thiruvalla stating that quarrying permit cannot be granted for the land in relation to which the petitioner moved for possession certificate, sketch and plan etc. The reason is that so many persons are residing in the neighbourhood of the rock formation. Challenging Ext.P1, this writ petition is filed. 2. Normally, the reasons given in Ext.P1 are reasons to be considered by the Geologist and not by the Tahsildar. But, the respondents have filed a counter affidavit in which it is submitted that the patta in favour of the petitioner has been wrongly granted and proceedings are initiated to cancel the same. If those grounds are correct, the petitioner may not be W.P.(C) No.21659/2005 2 eligible to get possession certificate, sketch etc. But, none of those reasons are given in Ext.P1. 3. In view of the above position, Ext.P1 is quashed. The Tahsildar, Thiruvalla is directed to reconsider the matter. The petitioner may raise her objections, if any, on the ground mentioned by the Tahsildar in Ext.R3(a) against granting her possession certificate. She shall file her objections along with a copy of this judgment before the Tahsildar. In that event, the said officer shall hear the petitioner and take a fresh decision on her application, within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) ps