Johny vs The Additional Tahsildar

Kerala High Court

Johny vs The Additional Tahsildar on 23 May, 2024

Author: P Gopinath

Bench: P Gopinath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                      WP(C) NO. 35450 OF 2017
PETITIONER:

             JOHNY
             AGED 60 YEARS, S/O. PORINCHU,
             VADAKKAN HOUSE, KAIPARAMBU VILLAGE & DESOM,
             THRISSUR TALUK, THRISSUR DISTRICT.

             BY ADVS.
                  SRI.SANTHOSH P.PODUVAL
                  SMT.R.RAJITHA
                  SMT.RASHIDA CHEMMENAMPALLY



RESPONDENTS:

     1       THE ADDITIONAL TAHSILDAR,
             THALAPPILLY TALUK, THRISSUR-680 001.

     2       THE VILLAGE OFFICER
             VELUR, THRISSUR-680 551.

     3       VELUR GRAMA PANCHAYAT
             REP. BY ITS SECRETARY, VELUR, THRISSUR-680 551.

     4       LAZAR
             S/O. KURIAKOSE, KANNANAICKAL HOUSE, KAIPARAMBU,
             THRISSUR-680 546.

             BY ADVS.
                  SRI.K.N.RADHAKRISHNAN(THIRUVALLA)(FOR R4)
                  SRI.T.R.SHAJU XAVIOUR
                  SRI. VENUGOPAL V (GP)




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.35450/2017                     2




                           JUDGMENT

This writ petition has been filed seeking the following reliefs:

i. issue a writ of mandamus or other appropriate writ or order or direction commanding the 1st respondent to finalise the proceedings initiated on the basis of the objection raised by the 3 rd respondent with respect to the land covered by Exhibit.P4 tax receipt within a time frame as may be prescribed by this Honourable Court.

ii. issue a writ of mandamus or other appropriate writ or order or direction commanding the 1st respondent to consider and dispose of Exhibit P1 representation submitted by the petitioner within a time limit as may be fixed by this Honourable Court.

And iii. issue such other orders this Hon'ble Court deem fit and proper for the facts and circumstances of this case.

2. According to the petitioner, he obtained title over 2 acre 20 cents of land in Survey No.20/2 of Kaiparambu Village in terms of a Will registered as document No.133/96 of Mundur SRO. It is the case of the petitioner that during W.P.(C)No.35450/2017 3 resurvey proceedings in Kaiparambu Village, it was found that, excluding the land given for widening of the road, the petitioner is in possession of 2 acre 11 ½ cents. During resurvey, it was also recorded that 2 acre 1 ½ cents of land belonging to the petitioner is situated in Kaiparambu Village under Resurvey No.112/2 and the remaining extent of 10 cents (making a total of 2 acre 11 ½ cents) is situated in Survey No.688/1P in Velur Village.

3. The 4th respondent claims that 10 cents situated in Survey No.688/1P in Velur Village actually belongs to him and was surrendered for the benefit of the public to the Velur Grama Panchayath.

4. According to the petitioner, Ext.P3 report clearly shows that the land over which the above objection was raised by the 4th respondent actually belongs to the petitioner. The petitioner is aggrieved by the fact that no tax was being accepted from him in respect of the land in Velur Village.

5. The learned Government Pleader, on instructions, would submit that after considering Ext.P3 report and after W.P.(C)No.35450/2017 4 hearing the parties, the Village Officer has accepted the land tax over the disputed land from the petitioner provisionally and subject to the result of any civil litigation between the parties.

Taking into consideration the above, this writ petition is closed making it clear that if the land tax is being accepted from the petitioner provisionally in respect of the 10 cents of the land stated to be in Survey No.688/1P of Velur Village, such tax shall continue to be accepted from the petitioner subject to the right of the 4th respondent or any other person, including the 3rd respondent Panchayath in establishing their rights over the said property by resorting to proceedings before the competent civil court.

Sd/-

GOPINATH P. JUDGE ats W.P.(C)No.35450/2017 5 APPENDIX OF WP(C) 35450/2017 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF REPRESENTATION DATED 5.1.2013 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF LETTER DATED 4.10.2013 SENT BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF REPORT SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT DTD. 21.1.13.

EXHIBIT P4 TRUE COPY OF TAX RECEIPT DATED 22.1.13 ISSUED BY THE 2ND RESPONDENT.