IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31369 of 2008(H)
1. P.B.JEEVAN KUMAR, S/O.P.V.BHANU PANICKER
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR, KOLLAM-691 001.
3. THE TAHSILDAR, PATHANAPURAM TALUK,
4. THE VILLAGE OFFICER, PUNALUR VILLAGE,
For Petitioner :SRI.MANOJ RAMASWAMY
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :18/11/2008
O R D E R
V.GIRI,J.
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W.P ( C) No.31369 of 2008
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Dated this the 18th November, 2008
J U D G M E N T
Petitioner claims to be an owner in possession of 43
cents of land comprised in Sy. Nos.486/7/13, 486/7/14,
486/7/15. 486/7/16 and 486/7/17 of Punalur village
included in thandaper account of 14145. Petitioner
wants to avail a loan from the Repco Bank and for this
purpose he wanted a possession certificate. Exhibit-P2
application was considered by the village officer and
rejected as per Exhibit-P3 stating that the details of the
property was furnished before the Judicial First Class
Magistrate Court-I, Changanassery in C.C No.532/2004.
Petitioner was arrayed as accused in the said case.
Though he was originally convicted, petitioner has
preferred an appeal and in the meanwhile, sentence has
been suspended, as evidenced by Exhibit-P5.
According to the petitioner, though the properties
were originally attached, there is no subsisting
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attachment. In my view, this is a matter to be looked into
by the Tahasildar. At any rate, the possession certificate is
required only for proving possession of the property or for
any other specific purposes.
Without going into the merits of the claim made by
the petitioner, the writ petition is disposed of directing the
3rd respondent to consider Exhibit-P9 application filed by
the petitioner (produced along with I.A No.14395/2008)
and take appropriate decision thereon, within six weeks
from the date of receipt of a copy of this judgment.
(V.GIRI,JUDGE)
ma
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