Pramod Kumar vs State Of Kerala

Kerala High Court

Pramod Kumar 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. 18053 OF 2024
PETITIONERS:

            PRAMOD KUMAR
            AGED 44 YEARS
            S/O. LATE J.GOVINDAN, SANA NIVAS, NEDUMBALA
            THRIKKAIPPETTA.P.O., 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.18053 of 2024         2

                     VIJU ABRAHAM,J
                -----------------------
               W.P.(C).No.18053 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 legal heirs of late J.Govindan in respect of the property covered under Ext.P1 sale deed and Ext.P3 tax receipt.

2. Petitioner is the co-owner of 28.32 Ares of property in Block No.29 in Re-Sy.No.623 of Thrikkaippetta Village, Wayanad District obtained as per Ext.P1 sale deed. After the death of the petitioner's father the property devolved upon the petitioner and other legal heirs, and the legal heirs have been remitting basic tax in respect of the said property, as is evident from Ext.P3 basic tax receipt. When the petitioner approached the 3rd respondent for issuance of Thandaper Certificate W.P.(C).No.18053 of 2024 3 and other revenue certificates for effecting transfer of the said property, the same was declined stating the reason that the property originally was in the name of M/S.Harissons 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.P4 and P5 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.P4 and P5 judgments, a W.P.(C).No.18053 of 2024 4 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 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 title deed and Ext.P3 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 W.P.(C).No.18053 of 2024 5 civil proceedings that may be instituted by them in that regard.

sd/-

VIJU ABRAHAM, JUDGE pm W.P.(C).No.18053 of 2024 6 APPENDIX OF WP(C) 18053/2024 PETITIONER'S EXHIBITS Exhibit.P1 TRUE COPY OF THE SALE DEED NO.

2544/1998 DATED 01/09/1998 OF KALPPETTA SUB REGISTRY OFFICE.

Exhibit.P2 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 14/10/2021 ISSUED BY THE TALUK OFFICE, VYTHIRI TALUK. Exhibit.P3 TRUE COPY OF THE TAX RECEIPT DATED 17/10/2023 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF THE 28.32 ARES OF PROPERTY.

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

35170/2018 DATED 12/11/2018.

Exhibit.P5 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.

13671/2024 DATED 03/04/2024.