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Judgment
Devan Ramachandran, J
The petitioner impugns Exts.P14, P15 and P16 to the extent to which it contains an endorsement that certain proceedings before the Taluk Land Board (TLB) is pending against it.
Shri.K.Shaj, learned counsel for the petitioner, relies on the declarations of law in Ext.P17 judgment to say that the impugned endorsement is completely inappropriate, particularly because his client does not intent to create any encumbrance over the property and only wants to produce the Certificates before the Kerala University, solely for the purpose of obtaining continued affiliation.
The learned Senior Government Pleader - Smt.K.Amminikutty, submitted that since the petitioner admits that ceiling proceedings are pending before the TLB, their request for removal of the endorsements from Exts.P14, P15 and P16 cannot be found to be tenable. She added that the said endorsements have been made so as to caution any person to whom the property may be transferred in future as also the financial institutions and Banks; and thus prayed that this writ petition be dismissed.
When I consider the afore submissions and in particular the declarations in Ext.P17 judgment, it is evident that an endorsement akin to the one impugned in this writ petition cannot be normally allowed, except in exceptional circumstances. However, I do not find any such circumstances being involved in this case especially because the petitioner says that they do not intent to create any encumbrance, mortgage or such other over the property and that they only require the Certificates to be produced before the Kerala University for the purpose of their affiliation.
In the afore circumstances and being guided by Ext.P17 judgment, I allow this writ petition and direct the 5th respondent – Village Officer to reissue Exts.P14, P15 and P16 without the endorsement relating to the pendancy of the proceedings before the TLB, within a period of one week from the date of receipt of a copy of this judgment.
I, however, record the submissions of Shri.K.Shaj that Exts.P14,P15 and P16 will not be used for any other purpose, other than to be produced before the Kerala University and that no encumbrance or transfer on the property covered by it will be effected, solely based on the same.