Suresh vs Village Officer

A.M. Shaffique, J.—Petitioner is the owner in possession of an extent of 4.5942 cents of land in Re-Survey No. 240/8 in Block No. 13 of Panayam Village. He purchased the properties as per sale deed No. 2525/1996 of SRO, Anchalummood. Petitioner submits that he has constructed a building and is residing there. Ext. P6 are the photographs produced which according to the petitioner is the premises in question. Petitioner had applied for a loan from the Bank and when they insisted for a possession certificate, petitioner was informed by the first respondent that possession certificate will given by stating that the property is ''Nilam'' as evident from the Basic Tax Register (BTR). The property is shown as ''Nilam'' in Thandaper register as well.

Having regard to the aforesaid factual situation, petitioner submits that if the possession certificate is not given by treating the land as garden land, the petitioner will suffer irreparable loss in injury as the petitioner will not be in a position to get necessary loan by mortgaging this property.

Having regard to the aforesaid factual situation, the revenue authority will have to verify the nature of land as matters stand now. As long as it is not a paddy land or wet land coming within the purview of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, it shall be open for the revenue authority to conduct appropriate enquiry into the matter and issue possession certificate, taking into consideration, the nature of land as available at present. Hence, this writ petition is disposed of as under:

The first respondent shall verify and conduct a personal inspection with reference to the property of the petitioner and shall issue a possession certificate taking into consideration the present nature of the land.