2025:KER:30007 RP NO. 466 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 RP NO. 466 OF 2025 AGAINST THE JUDGMENT DATED 21.02.2025 IN WP(C) NO.4595 OF 2025 OF HIGH COURT OF KERALA REVIEW PETITIONER/PETITIONER: PALA DIOCESAN MEDICAL EDUCATION TRUST REG.28/IV/05 BISHOP HOUSE, PALAI, KOTTAYAM DISTRICT, REV.FR. JOSE KEERANCHIRA ALIAS JISMON MATHEW, AGED 44 YEARS, S/O K C MATHEW, PRESENTLY RESIDING AT MAR SLEEVA MEDICITY PALAI, CHERPUNKAL, KEZHUVANKULAM P.O, KOTTAYAM DISTRICT, PIN - 686575 BY ADVS. V.M.KRISHNAKUMAR P.R.REENA RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 LAND REVENUE COMMISSIONER COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE BUILDING, 2025:KER:30007 RP NO. 466 OF 2025 2 MUSEUM ROAD, OPPOSITE ZOO, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN - 695033 3 THE TAHSILDAR MEENACHIL TALUK, MINI CIVIL STATION, GROUND FLOOR, PALA RAMAPURAM RD, PALA, KOTTAYAM, PIN - 686575 4 VILLAGE OFFICER KADAPLAMATTOM VILLAGE, VILLAGE OFFICE, KADAPLAMATTOM, KOTTAYAM, PIN - 686571 5 VILLAGE OFFICER KIDANGOOR VILLAGE, VILLAGE OFFICE, KIDANGOOR, KOTTAYAM, PIN - 686572 6 VILLAGE OFFICER PULIYANNOOR VILLAGE OFFICE, MUTHOLY - KODUNGOOR RD, MUTHOLY, KOTTAYAM,, PIN - 686574 7 TALUK LAND BOARD OFFICE OF THE TALUK LAND BOARD, MEENACHIL, KOTTAYAM, PIN - 686575 SMT. DEEPA NARAYANAN, SR.GOVT.PLEADER SRI. RANJITH THAMPAN(SR.) THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30007 RP NO. 466 OF 2025 3 T.R. RAVI, J. -------------------------------------------- R.P. No.466 of 2025 in W.P.(C) No.4595 of 2025 -------------------------------------------- Dated this the 7th day of April, 2025 ORDER The writ petition was disposed of by directing the 7th respondent to forward Ext.P11 to the 1st respondent and directing the 1st respondent to consider Ext.P11 and pass orders. Ext.P11 is an application for deciding on the applicability of Section 98A of the Land Reforms Act to the petitioner. The review petition has been filed since it was omitted to point out the 4th relief prayed for in the writ petition with regard to endorsements made in the possession certificates. The Court had not considered the said aspect while disposing of the writ petition and hence the review petition is allowed. The judgment is modified by adding the following paragraph at the end of the judgment: “Ext.P4 is the possession certificate, which has been issued to the petitioner. An endorsement has been made in the possession certificate that since the property in question is an excess land, alienation, 2025:KER:30007 RP NO. 466 OF 2025 4 mining, construction etc. shall not be carried out in the property. There is no justification for such an endorsement in a possession certificate as long as the possession is admittedly with the petitioner. This Court has in similar circumstances held in Annexures A1 and A2 judgments that such endorsements cannot be make in the possession certificate. I do not find any reason to take a different view. There will hence be a direction to respondents 3 to 6 not to make any endorsements in the possession certificate regarding the proceedings under the Land Reforms Act and of any inalienability etc. as has been done in Ext.P4 and issue a fresh possession certificate without such endorsements within three weeks from the date of receipt of a copy of this order.” The Registry shall issue a corrected copy of the judgment to the petitioner. Sd/- T.R. RAVI JUDGE Pn 2025:KER:30007 RP NO. 466 OF 2025 5 APPENDIX OF RP 466/2025 PETITIONER'S ANNEXURES Annexure 1 TRUE COPY OF THE JUDGMENT REPORTED IN 2017 KHC 7572 (VILLAGE OFFICER V. KARNATAKA FRANSALIAN SOCIETY) Annexure 2 TRUE COPY OF THE JUDGMENT REPORTED IN 2019 (1) KHC 82 (VARGHESE V. DISTRICT COLLECTOR, EKM AND OTHERS) Annexure 3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 14.02.2025 ISSUED BY VILLAGE OFFICER PULIYANNOOR VILLAGE OFFICER (THANDAPER NO.3346 AND 3500) Annexure 4 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 14.02.2025 ISSUED BY VILLAGE OFFICER PULIYANNOOR VILLAGE (THANDAPER NO.5040) Annexure 5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 14.02.2025 ISSUED BY VILLAGE OFFICER PULIYANNOOR VILLAGE (THANDAPER NO.5061) Annexure 6 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 14.02.2025 ISSUED BY VILLAGE OFFICER PULIYANNOOR VILLAGE (THANDAPER NO.4142)