Lakshmi vs State Of Kerala

Kerala High Court

Lakshmi vs State Of Kerala on 21 May, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                        WP(C) NO. 17996 OF 2024
PETITIONER:

            LAKSHMI,
            AGED 77 YEARS,
            D/O.LATE.JANU POOJARI, SNEHA DEEPAM, VELLARIMALA,
            PUTHUMALA, WAYANAD DISTRICT., PIN - 673577

            BY ADVS.
            ZAKEER HUSSAIN
            K.A.SANJEETHA
            MOHAMMED ZAMAN


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
            DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN -
            695001

    2       THE TAHSILDAR
            VYTHIRI TALUK OFFICE, VYTHIRI, WAYANAD., PIN - 673576

    3       THE VILLAGE OFFICER
            THRIKKAIPPETTA VILLAGE, WAYANAD., PIN - 673577


OTHER PRESENT:

            SR GP -DEEPA ANARAYANAN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.17996 of 2024                  2

                         VIJU ABRAHAM,J
                    -----------------------
                   W.P.(C).No.17996 of 2024
               ---------------------------------
              Dated this the 21st day of May, 2024

                               JUDGMENT

Petitioner has approached this Court seeking a direction to the 3rd respondent to issue Thandaper Certificate, Possession Certificate and other necessary certificates to the petitioner and other co-owners in respect of the property covered under Ext.P1 sale deed and Ext.P2 tax receipt.

2. Petitioner is the co-owner of 98.65 Ares of property in Block No.29 in Re-Sy.No.615/10 of Thrikkaippetta Village, Wayanad District obtained as per Ext.P1 sale deed. After the said purchase the property was mutated in the name of the petitioner and the petitioner has been remitting basic tax of the property, as is evident from Ext.P2 tax receipt. When the petitioner approached the 3rd respondent for issuance of Thandaper Certificate and other revenue certificates for effecting transfer of the said property, the same was declined stating the reason that the property W.P.(C).No.17996 of 2024 3 originally was in the name of M/S.Harisons Malayalam Ltd. Petitioner submits that the stand taken by the 3rd respondent is absolutely arbitrary in as much as similar issues were considered by this Court as per Exts.P3 and P4 judgments, reliefs have been granted in respect of similarly situated persons.

3. It is trite law that effecting mutation or paying land tax will not amount to declaration of title of a person who is effecting the payment or the person in whose name the mutation has been effected as the proceedings are only for fiscal purpose. If the only reason for not taking further proceedings on the request made by the petitioner is that the property held by the petitioner is fragmented from a large portion of property exempted as a plantation, I am of the opinion that in the light of Exts.P3 and P4 judgments, a direction could be issued to the respondents to issue Thandaper Certificate, Possession Certificate and other Revenue Certificates to the petitioner herein, without prejudice to the W.P.(C).No.17996 of 2024 4 contention of the State regarding the question of title that may be raised by them in appropriate civil proceedings.

Accordingly, the writ petition is disposed of directing the 3rd respondent to issue Thandaper Certificate, Possession Certificate and other necessary certificates to the petitioner in respect of the property covered by Exts.P1 sale deed and Ext.P2 tax receipt as expeditiously as possible at any rate within a period of one month from the date of receipt of a copy of this judgment, if the application of the petitioner is otherwise in order. It is made clear that the issuance of the revenue certificates will be without prejudice to the right of the State/respondents with regard to the question of title that may be raised by them in appropriate civil proceedings that may be instituted by them in that regard.

sd/-

VIJU ABRAHAM, JUDGE pm W.P.(C).No.17996 of 2024 5 APPENDIX OF WP(C) 17996/2024 PETITIONER'S EXHIBITS Exhibit.P1 TRUE COPY OF THE SALE DEED NO. 965/1970 DATED 13/05/1970 OF VYTHIRI SUB REGISTRY OFFICE .

Exhibit.P2 TRUE COPY OF THE TAX RECEIPT DATED 30/04/2024 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF THE 98.65 ARES OF PROPERTY.

Exhibit.P3 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.

35170/2018 DATED 12/11/2018.

Exhibit.P4 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.

13671/2024 DATED 03/04/2024.