Aboobacker E.V vs The Tahsildar
2021 Latest Caselaw 17397 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
                          WP(C) NO. 16195 OF 2021


PETITIONERS:

     1        ABOOBACKER E.V, AGED 68 YEARS, S/O. KUNHU HAJI,
              INJEERIVALAPPIL, CHAZHIYATTIRI POST, PATTAMBI TALUK,
              PALAKKAD DISTRICT-679535.

     2        KADEEJA, AGED 58 YEARS, W/O.ABOOBACKER E.V.,
              INJEERIVALAPPIL, CHAZHIYATTIRI POST, PATTAMBI TALUK,
              PALAKKAD DISTRICT-679535.

              BY ADV R.SREEHARI


RESPONDENTS:

     1        THE TAHSILDAR, PATTAMBI TALUK, OFFICE OF THE TAHSILDAR,
              MINI CIVIL STATION, OLD MARKET ROAD, PATTAMBI , 679303,
              PALAKKAD DISTRICT.

     2        THE TAHSILDAR (LAND RECORDS), PATTAMBI TALUK OFFICE,
              MINI CIVIL STATION, OLD MARKET ROAD, PATTAMBI,
              PALAKKAD DISTRICT-679303.

     3        VILLAGE OFFICER, THIRUMITTAKODE II VILLAGE,
              THIRUMITTAKODE POST, PATTAMBI TALUK,
              PALAKKAD DISTRICT-679535.

              G.P SMT. AMMINIKUTTY K


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 16195/21
                                           2



                              JUDGMENT

The petitioners have approached this Court

with a prayer that the 3rd respondent be directed

to receive land tax/basic tax with respect to

their property, comprised of 16 cents (6.47 Ares)

in Survey No.279/3 of Thirumittakode II Village,

Pattambi Taluk (which is incorrectly shown as

Ottappalam in the Writ Petition).

2. The petitioners assert that they are

eligible to the relief sought for, in terms of

Exts.P5 and P7, wherein, the competent Authorities

have found that they are entitled to seek

possession and ownership of the afore extent of

land. They, therefore, pray that the proceedings

pursuant to Exts.P5 and P7 be directed to be

completed by the 3rd respondent within a time frame

to be fixed by this Court, alleging that no action

has been taken for the last more than six months. WPC 16195/21

3. The afore submissions made on behalf of

the petitioners by their learned counsel -

Sri.R.Sreehari, were answered by

Smt.K.Amminikkutty - learned Senior Government

Pleader, by pointing out that, when notices

pursuant to Exts.P5 and P7 were published on the

notice board, four complaints have been received.

She submitted that, therefore, unless those four

complainants are heard and their objections

adverted to, no further action as prayed for by

the petitioners can be completed. She added that

if this Court is so inclined, the 2nd respondent is

willing to hear all parties including the

petitioners, and complete proceedings without any

avoidable delay.

4. The afore submissions made on behalf of

the rival parties make it clear that this Court

has no role to play at this stage, except to

direct the 2nd respondent to complete the

proceedings as per law, pursuant to Exts.P5 and WPC 16195/21

P7. Needless to say, if there are objections

raised against the claim of the petitioners

resultant to the publication of Ext.P7 notice,

then naturally, such parties will also have to be

heard appropriately.

Resultantly, this Writ Petition is ordered,

directing the 2nd respondent to complete the

proceedings pursuant to Exts.P5 and P7, after

following due procedure and after hearing all

necessary parties, including the petitioners and

complainants, if any, thus culminating in an

appropriate order thereon, as expeditiously as is

possible, but not later than two months from the

date of receipt of a copy of this judgment.

Sd/-

RR                                              DEVAN RAMACHANDRAN
                                                           JUDGE
 WPC 16195/21


               APPENDIX OF WP(C) 16195/2021

PETITIONER EXHIBITS

Exhibit P1        PHOTO COPY OF THE TAX RECEIPT DATED

24.7.2013 ISSUED BY THE 3RD RESPONDENT.

Exhibit P2 PHOTO COPY OF THE PETITION DATED 20.9.2019 FILED BEFORE THE 2ND RESPONDENT.

Exhibit P3 PHOTO COPY OF THE REPORT DATED 23.9.2019 OF THE 2ND RESPONDENT.

Exhibit P4 PHOTO COPY OF THE LETTER DATED 4.12.2019 OF THE SECRETARY, THIRUMITTAKODE GRAMA PANCHAYAT ENCLOSING RESOLUTION OF THE PANCHAYAT DATED 30.10.2019.

Exhibit P5 PHOTO COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 12.2.2021.

Exhibit P6 PHOTO COPY OF THE REPRESENTATION DATED 9.3.2021 FILED BEFORE THE 2ND RESPONDENT.

Exhibit P7 PHOTO COPY OF NOTICE OF DEMAND DATED 9.3.2021.