V. Bhaskaran vs The Village Officer
2021 Latest Caselaw 5204 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

 FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

                 WP(C).No.29200 OF 2020(Y)


PETITIONER/S:

           V. BHASKARAN, AGED 52 YEARS
           S/O. E.NARAYANAN NAIR, KOLOT HOUSE,
           BEDADKA,KOLATHUR ,KASARAGOD

           BY ADV. SRI.PRASAD CHANDRAN

RESPONDENT/S:

           THE VILLAGE OFFICER,
           KOLATHUR VILLAGE, VILLAGE OFFICE,
           KASARGOD ,PIN-671 541

           R1 BY GOVERNMENT PLEADER

OTHER PRESENT:

           SMT A.C.VIDHYA -GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                          -2-
W.P.(C). No. 29200 of 2020



                                   JUDGMENT

The petitioner, who is stated to be the absolute owner in

possession of property having an extent of 2 Acres in

Sy.No.11/1A of Kolathur Village covered by document

No.2031/2014 of Sub Registrar Office, Uduma, has filed this

writ petition under Article 226 of the Constitution of India,

seeking a writ of mandamus commanding the respondent to

accept land tax and issue possession certificate without

insisting for the original title deed and taking into Ext.P5

affidavit forthwith or before 31.12.2020 in the interest of

justice.

2. On 29.12.2020, when this writ petition came up for

admission, the learned Government Pleader sought time to

get instructions.

3. On 01.02.2021, when this writ petition came up for

consideration, this Court passed the following order:

"Reliefs sought for in this writ petition read thus:

i. to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to accept the land tax and issue possession certificate without insisting for the original title deed

W.P.(C). No. 29200 of 2020

and taking into Ext.P5 affidavit forthwith or before 31.12.2020 in the interest of justice;

ii. to issue any other appropriate writ, direction or order which this Hon'ble Court deem fit in the circumstances of the case.

The learned Government Pleader would submit that the respondent has already accepted land tax in respect of the property on 06.01.2021.

The learned Government Pleader would point out that the words 'and issue possession certificate' is missing in the copy of the writ petition served in the office of the learned Advocate General."

4. Pursuant to the order of this Court dated

02.02.2021, the learned Government Pleader has produced a

copy of the writ petition received in the office of the Advocate

General along with a memo dated 02.02.2021, in which relief

No.(i) sought for reads thus;

"(i) to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to accept the land tax without insisting for the original title deed and taking into Ext.P5 affidavit forthwith or before 31.12.2020 in the interest of justice."

5. Heard the learned counsel for the petitioner and

also the learned Government Pleader for respondents.

W.P.(C). No. 29200 of 2020

6. During the course of arguments, the learned

counsel for the petitioner would submit that, by an

inadvertent mistake the copy of the writ petition served in the

office of the Advocate General, is one originally drafted

without any relief for issuance of purchase certificate. The

learned counsel tendered unconditional apology for

committing such mistake.

7. When the relief sought for in the copy of the writ

petition served in the office of the Advocate General is

confined to acceptance of land tax without insisting the

original title, and since the land tax has already been

accepted, as submitted by the learned Government Pleader on

06.01.2021, this writ petition is disposed of recording the said

fact. It is for the petitioner to approach the statutory

authorities with an appropriate application, in case, he is yet

to be issued with possession certificate and pursue that

application, in accordance with law.

Sd/-

ANIL K.NARENDRAN JUDGE das

W.P.(C). No. 29200 of 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED 2031/2014 IN RESPECT OF THE PETITIONERS PROPERTY

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE PETITIONERS PROPERTY

EXHIBIT P3 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE IN RESPECT OF THE PETITIONERS PROPERTY

EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 23.07.2020

EXHIBIT P5 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 12.12.2020

EXHIBIT P6 TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE MATHRUBHOOMI DAILY DATED 15.05.2020