Raran Kandath Aboobacker vs The Tahasildar
2021 Latest Caselaw 16872 Ker

WP(C) NO. 22086 OF 2020
                                   1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                        WP(C) NO. 22086 OF 2020
PETITIONER/S:

          RARAN KANDATH ABOOBACKER
          AGED 63 YEARS
          S/O. KUNHU MOHAMED HAJEE, P.O. THRIKKANAPURAM-SOUTH, PIN
          679 582, PONNANI TALUK, MALAPPURAM DISTRICT.

          BY ADVS.
          K.ABOOBACKER SIDHEEQUE
          SHRI.UNAIS K.P.



RESPONDENT/S:

    1     THE TAHASILDAR, PONNANI TALUK OFFICE, P.O. PONNANI
          NAGARAM, CIVIL STATION, PONNANI, MALAPPURAM DISTRICT,
          PIN-679 583.

    2     THE VILLAGE OFFICER
          THAVANUR VILLAGE OFFICE, P.O THAVANUR, MALAPPURAM
          DISTRICT, PIN-679 573.

    3     THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION,
          MALAPPURAM, PIN-676 504.

          BY ADV GOVERNMENT PLEADER



OTHER PRESENT:

          SMT.MABLE.C.KURIAN, SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22086 OF 2020
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                   P.V.KUNHIKRISHNAN, J
              -------------------------------
                  W.P.(C)No.22086 of 2020
             --------------------------------
           Dated this the 12th day of August 2021

                                 JUDGMENT

The Writ Petition is filed with the following

prayers:

i. Issue a writ in the nature of mandamus commanding the second respondent to collect basic tax and issue a possession certificate to the petitioner in respect of the property in 503/1, 504/1B2 and 504/4B of Thavanoor Village demarcated by Amin deputed by Munsiff Court, Ponnani in EP 99/2019 of OS 202/1988.

ii. Issue such other writ, order or direction from this Hon'ble Court may deem fit and proper on the facts and circumstances of the case and in the interest of justice.

2. The short facts are like this: the petitioner

along with his brother, Raran Kandath Mohammed

Haneefa are the absolute owners in possession of

1.97 acres (80 ares) of landed property in resurvey

no.504/4B of Thavanoor Village in Ponnani Taluk of WP(C) NO. 22086 OF 2020

Malappuram District. Subsequently, after conducting

detailed survey and measurement by various revenue

officers, it came to know that the property belonged

to the petitioner as per Ext.P1 deed which was

spread over to resurvey nos.503/1, 504/1B2 also of

Thavanoor Village in Ponnani Taluk. The petitioner

and his brother are paying land tax. But now the 2 nd

respondent refused to receive basic tax from the

petitioner saying the reason that resurvey no.503/1

is not identifiable. Hence this Writ Petition is

filed.

3. Heard the learned counsel for the petitioner

and the learned Government Pleader.

4. When this Writ Petition came up for

consideration, the learned counsel for the

petitioner submitted that he will be satisfied, if

the village Officer accept the tax for the property

which is demarcated and handed over to the

petitioner as per Ext.P7 Amin report based on Ext.P5 WP(C) NO. 22086 OF 2020

judgment. The learned Government Pleader submitted

that the petitioner has not produced the decree and

Commission Report. The Village Officer is not in a

position to identify the property. The learned

counsel for the petitioner submitted that he is

ready to produce the Commission Report and the

decree and other documents necessary before the

Village Officer concerned.

5. In the light of the above submissions, this

Writ Petition can be disposed of, directing the

petitioner to produce the necessary documents before

the 2nd respondent and further directing the 2nd

respondent to accept the land tax. Therefore, the

Writ petition is disposed of with the following

directions:

1. The petitioner will produce a copy of the

judgment and decree in O.S.No.202/1988 of the

Munsiff Magistrate , Ponnani along with the

plaint and commission report before the 2nd WP(C) NO. 22086 OF 2020

respondent.

2. The 2nd respondent will inspect the property of

the petitioner based on the judgment and decree

along with the Commission Report and accept the

tax for the property covered by Ext.P7 Amin

Report.

3. This exercise should be completed within one

month from the date of receipt of a copy of

this judgment.

4. Acceptance of tax is subject to any appeal or

other proceeding, if any, pending against the

judgment/decree in O.S.No.202/1988 of the

Munsiff Magistrate , Ponnani.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

rkc WP(C) NO. 22086 OF 2020

APPENDIX OF WP(C) 22086/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE GIFT DEED NUMBER 790/1975 OF EDAPPAL SRO DATED 18.3.1975.

EXHIBIT P2 A TRUE COPY OF PURCHASE CERTIFICATE NO.3135/1976 ISSUED BY PONNANI LAND TRIBUNAL DATED 8.11.1976.

EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 30.9.1994 IN O.S.NO.202/1988 OF THE MUNSIFF COURT, PONNANI.

EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 8.1.2019 IN R.S.A.455/2010 OF THIS HON'BLE COURT.

EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 21.2.2019 IN O.S.NO.202/1988 OF THE MUNSIFF COURT, PONNANI.

EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 4.2.2020 IN E.P.NO.99/2019 OF THE MUNSIFF COURT, PONNANI.

EXHIBIT P7 A TRUE COPY OF THE REPORT SUBMITTED BY AMIN DEPUTED BY MUNSIFF COURT, PONNANI DATED 29.1.2020.

EXHIBIT P8 A TRUE COPY OF THE BASIC TAX PAID RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 27.4.1987.

EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 12.2.2020 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P10 A TRUE COPY OF THE CERTIFICATION DATED 4.7.2019 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P11 A TRUE COPY OF THE REPORT SUBMITTED BY THE PONNANI TALUK SURVEYOR TO IST RESPONDENT OBTAINED BY PETITIONER THROUGH RTI APPLICATION DATED 29.9.2020.