The controversy in this contempt is regarding a possession certificate to be issued to the petitioners based on the direction of this Court. On verification it is found by the Village Officer that in BTR the property stands in the name of Mammen Varghese. The petitioners case is that they were issued with possession certificate and basic tax receipt hitherto. However, the Village Officer refused to issue the same by disobeying the orders of this Court. The Village Officer's stand in the facts and circumstances cannot be said contumacious as refusal is on a justifiable reason. However, the fact remains that the petitioners is operating the crusher unit and it is licenced crusher for several years, cannot be disputed. The petitioners rely on various documents including Annexure-10, a declaration before the Taluk Land Board in a ceiling proceedings to show that this property which is subject matter, belong to his father. Petitioners traced out their title by many documents. It appears that confusions now prevailed is on account of not correcting the details in the BTR by the parties concerned, though the factual situation may indicate that the petitioner is in possession of the property. The partition deed produced would also indicates that the petitioner has title in this property being the co-owner. Therefore, considering the above facts, there shall be a direction to the Village Officer concerned to issue possession certificate to the petitioners. However, the petitioners shall take steps to correct the details in the BTR to bring his name within a period of two months by placing all the relevant records before the Tahsildar concerned. The possession certificate shall be issued to the petitioners within a week from the date of receipt of copy of this judgment.
Accordingly, this Contempt Case is closed.
Sd/-
A.MUHAMED MUSTAQUE, (JUDGE)
Kvs/-
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