Meena Paul vs The District Collector
2021 Latest Caselaw 6229 Ker

Citation : 2021 Latest Caselaw 6229 Ker
Judgement Date : 22 February, 2021

Kerala High Court

Meena Paul vs The District Collector on 22 February, 2021

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

  MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA,
                           1942

                  WP(C).No.26732 OF 2020(N)


PETITIONER :

             MEENA PAUL
             AGED 53 YEARS
             W/O. PAUL MUTTIKKAL,
             MUTTIKKAL HOUSE, YASORAM GARDENS,
             OLLUR TRISSUR PIN 680 306

             BY ADVS.
             SRI.N.M.MADHU
             SMT.C.S.RAJANI

RESPONDENTS:

     1       THE DISTRICT COLLECTOR, IDUKKI
             IDUKKI, COLLECTORATE, KUYILIMALA,
             PAINAVU POST, IDUKKI 685 603

     2       THE DEPUTY COLLECTOR (L.R)
             COLLECTORATE, KUYILIMALA, PAINAVU POST,
             IDUKKI 685 603

     3       THE TAHSILDAR (L.A)
             TALUK OFFICE, PEEERUMED, IDUKKI 685 531

     4       THE VILALGE OFFICER,
             VAGAMON VILLAGE, VAGAMON POST,
             IDUKKI DISTRICT, PIN 685 503

     5       ELAPPARA GRAMA PANCHAYATH,
             REPRESENTED BY ITS SECRETARY,
             ELAPPARA, IDUKKI DISTRICT PIN 685 501
                               -2-
WP(C).No.26732 OF 2020(N)

              R1-4 BY SRI M.H. HANIL KUMAR, SPL.GOVERNMENT
              PLEADER
              R5 BY ADV. SRI.J.JULIAN XAVIER
              R5 BY ADV. SRI.FIROZ K.ROBIN
              R5 BY ADV. SRI.PIOUS MATHEW
              R5 BY ADV. SRI.ROY JOSEPH
              R5 BY ADV. SRI.E.HARIDAS

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 22.02.2021, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
                                  -3-
WP(C).No.26732 OF 2020(N)

                              JUDGMENT

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

possession of a property having an extent of 5.26 Ares in

Sy.No.724 of Vagamon Village, which is covered by Ext.P1

sale deed, has filed this writ petition under Article 226 of the

Constitution of India, seeking a writ of mandamus

commanding the 1st respondent District Collector to entrust

the enquiry regarding the validity or otherwise of the title of

the petitioner over the property covered by Ext.P1 sale deed

to a judicial officer to be decided by this Court. The petitioner

has also sought for a writ of mandamus commanding the

respondents not to disturb the peaceful possession and

enjoyment of the property covered by Ext.P1 sale deed by the

petitioner till the finality of the aforesaid enquiry.

2. On 03.12.2020, when this writ petition came up for

admission, the learned Government Pleader was directed to

get instructions.

3. By the order dated 03.02.2021 in I.A.No.4 of 2021,

the writ petition was amended by incorporating additional

statement of facts, grounds and reliefs as sought for in that

application. The additional relief sought for is a writ of

WP(C).No.26732 OF 2020(N)

certiorari to quash Ext.P24 order dated 16.01.2021 issued by

the 1st respondent District Collector cancelling 12 pattas

referred to therein, which includes the patta bearing

No.L.A.72/89, which is stated to be the basic title document

of the petitioner's property.

4. On 05.02.2021, after hearing the learned counsel

for the petitioner and also the learned Special Government

Pleader at length, the matter was posted to 08.02.2021 at

1.45 p.m. The learned Special Government Pleader was

directed to make available for the perusal of this Court, the

files relating to Ext.P24 order dated 16.01.2021.

5. On 08.02.2021, the learned Special Government

Pleader made available for the perusal of this Court the files

relating to Ext.P24 order. During the course of arguments, the

learned Special Government Pleader pointed out that as per

Exts.P16 and P17, property tax has been collected from the

petitioner under the category "non residential". The learned

counsel for the petitioner sought time to get instructions.

Thereafter, on the request of the learned counsel for the

petitioner, the matter was adjourned to 09.02.2021,

12.02.2021 and further to this date.

WP(C).No.26732 OF 2020(N)

6. Heard the learned counsel for the petitioner, the

learned Special Government Pleader for respondents 1 to 4

and also the learned counsel for the 5th respondent.

7. The petitioner has filed I.A.No.5 of 2021 seeking

permission to withdraw this writ petition without prejudice to

her right to challenge Ext.P24 order dated 16.01.2021 issued

by the 1st respondent District Collector, by availing the

statutory remedy of appeal under Rule 21 of the Kerala Land

Assignment Rules, 1964, before the Land Revenue

Commissioner.

In view of the aforesaid submission made by the learned

counsel for the petitioner, this writ petition is dismissed as

withdrawn; however without prejudice to the right of the

petitioner to challenge Ext.P24 order of the 1 st respondent

District Collector by availing statutory remedy of appeal under

Rule 21 of the Kerala Land Assignment Rules, 1964.

Sd/-

ANIL K.NARENDRAN, JUDGE AV/23/02

WP(C).No.26732 OF 2020(N)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.

1391/2014 OF S.R.O PEERMADU

EXHIBIT P2 TRUE COPY OF THE NON-ENCUMBRANCE CERTIFICATE

EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE

EXHIBIT P4 TRUE COPY OF THE BASIC TAX RECEIPT EVIDENCING THE MUTATION OF THE PROPERTY

EXHIBIT P5 TRUE COPY OF THE LOCATION SKETCH

EXHIBIT P6 TRUE COPY OF THE CERTIFICATE FROM THE TALUK OFFICE, PEERMADU

EXHIBIT P7 TRUE COPY OF THE SALE DEED NO.

3032/2011 OF S.R.O PEERMADU

EXHIBIT P8 TRUE COPY OF THE PAGES OF THE PETITIOENR'S BANK ACCOUNT EVIDENCING THE TRANSFER OF THE AMOUNT

EXHIBIT P9 TRUE COPY OF THE BASIC TAX RECEIPT FOR THE YEARS 2014-15

EXHIBIT P10 TRUE COPY OF THE BASIC TAX RECEIPT FOR THE YEARS 2016-17

EXHIBIT P11 TRUE COPY OF THE BASIC TAX RECEIPT FOR THE YEARS 2017-18

EXHIBIT P12 TRUE COPY OF THE BASIC TAX RECEIPT FOR THE YEARS 2019-20

EXHIBIT P13 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 27-06-2016

WP(C).No.26732 OF 2020(N)

EXHIBIT P14 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE ELAPARA GRAMA PANCHAYAT IN RESPECT OF THE BUILDING BEARING NO. XVII/720 IN THE PROPERTY

EXHIBIT P15 TRUE COPY OF THE PROPERTY TAX RECEIPT FOR THE FIRST HALF OF 2016-17

EXHIBIT P16 TRUE COPY OF THE PROPERTY TAX RECEIPT FOR THE SECOND HALF OF 2016-17 AND FIRST HALF OF 2017-18

EXHIBIT P17 TRUE COPY OF THE PROERTY TAX RECEIPT FOR THE SECOND HALF OF 2017-18

EXHIBIT P18 TRUE COPY OF THE NOTICE DATED 11-03-

2020 BEARING NO. J2/5978/19 ISSUED BY THE THIRD RESPONDENT

EXHIBIT P19 TRUE COPY OF THE NOTICE DATED 14-10-

2020 ISSUED BY THE SECOND RESPONDENT

EXHIBIT P20 TRUE COPY OF THE STATEMENT SENT BY THE PETITIONER TO THE FIRST RESPONDENT

EXHIBIT P21 TRUE COPY OF THE ACKNOWLEDGMENT CARD TO EXT. P20

EXHIBIT P22 TRUE COPY OF THE LETTER BEARING NO.

C.12/3638/2019 ISSUED BY THE FIRST RESPONDENT TO THE THIRD RESPONDENT

EXHIBIT P23 TRUE COPY OF THE LETTER BEARING NO.