Rajan vs The Tahsildar, Mannarkkad
2021 Latest Caselaw 16483 Ker

WP(C) NO. 2257 OF 2020         1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                     WP(C) NO. 2257 OF 2020
PETITIONER/S:

          RAJAN,
          AGED 49 YEARS,
          S/O.LATE GOPI, PUNNARAPARAMBIL HOUSE, PULASSERI
          POST, KOPPAM, PATTAMBI TALUK, PALAKKAD DISTRICT-679
          307.

          BY ADV R.SREEHARI



RESPONDENT/S:

    1     THE TAHSILDAR, MANNARKKAD,
          OFFICE OF THE TAHSILDAR, MANNARKKAD, POST
          MANNARKKAD-678 582.

    2     VILLAGE OFFICER, THACHANATTUKARA II VILLAGE,
          THACHANATTUKARA POST, MANNARKKAD TALUK, PALAKKAD
          DISTRICT-678 583.




          SMT K AMMINIKUTTY, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2257 OF 2020                   2




                               JUDGMENT

Petitioner states that he is the absolute owner in title and possession

of property having an extent of 62.25 cents comprised in Sy.No.178/1A and

178/3A of Thachanattukara II Village. The aforesaid property is stated to

have been acquired by him on the strength of Document No.2101/2013 of

the Mannarakad SRO. He states that he has been remitting tax as is

evident from Ext.P1 tax receipt. The grievance of the petitioner herein is

that later, the 2nd respondent has refused to accept basic tax stating that

there are some attachments in respect of the said property. In the said

circumstances, the petitioner is stated to have filed Exts.P3 and P4

representations before the 1st and 2nd respondents. Alleging inaction, the

petitioner is before this Court seeking directions to the respondents to

consider Exts.P3 and P4 representations and pass orders in terms of Ext.P5

circular issued by the District Collector, Palakkad and for other incidental

reliefs.

2. The learned Government Pleader on instructions submits that in

respect of the very same property, another individual had also claimed title

and possession. The Village Officer has conducted a site inspection and

some discrepancies were noted. It is submitted now that Ext.P3 is pending,

the same can be considered by the 1st respondent in the light of Ext.P5.

3. Having regard to the facts and circumstances and the submissions

made across the Bar, this writ petition is disposed of directing the 1st

respondent to take up Ext.P3 application in the light of Ext.P5 circular issued

by the District Collector, Palakkad and pass appropriate orders strictly in

accordance with law, with notice to the petitioner as well as the affected

parties, if any. The orders as directed above shall be passed expeditiously, in

any event, within a period of three months from the date of production of a

copy of this judgment.

4. The petitioner shall produce a copy of the writ petition along with this

judgment before the 1st respondent to ensure compliance.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V,

JUDGE sru

APPENDIX OF WP(C) 2257/2020

PETITIONER(S) EXHIBITS

EXHIBIT P1 PHOTOCOPY OF BASIC TAX RECEIPT DATED 13.05.2013 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 PHOTOCOPY OF NON-ENCUMBRANCE CERTIFICATE DATED 12.06.2019.

EXHIBIT P3 PHOTOCOPY OF THE REPRESENTATION DATED 16.12.2019 FILED BEFORE THE 1ST RESPONDENT.

EXHIBIT P4 PHOTOCOPY OF REPRESENTATION DATED 16.12.2019 FILED BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 PHOTOCOPY OF THE CIRCULAR DATED 26.01.2019 ISSUED BY THE DISTRICT COLLECTOR, PALAKKAD.

RESPONDENT(S) EXHIBITS : NIL