Palissery Shobi Joseph vs The Village Officer
2021 Latest Caselaw 15267 Ker

Citation : 2021 Latest Caselaw 15267 Ker
Judgement Date : 22 July, 2021

Kerala High Court

Palissery Shobi Joseph vs The Village Officer on 22 July, 2021

WP(C) NO. 2644 OF 2021                 1



                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                  THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

          THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943

                             WP(C) NO. 2644 OF 2021

PETITIONER/S:

              PALISSERY SHOBI JOSEPH
              AGED 51 YEARS
              S/O. P. V. JOSE, RESIDING AT PALISSERY HOUSE, MOOSPET ROAD,
              EAST FORT POST, THRISSUR -5, NOW WORKING AS GENERAL MANAGER,
              FINANCE AND ADMINISTRATION, BLUE MARINE FISHERIES LLC, P. O.
              BOX NO.4327, AJMAN, UNITED ARAB EMIRATES.

              BY ADVS.
              T.MADHU
              SMT.C.R.SARADAMANI



RESPONDENT/S:

      1       THE VILLAGE OFFICER,
              CHEMBUKKAVU VILLAGE, CHEMBUKKAVU, THRISSUR DISTRICT - 680
              020.

      2       THE TAHSILDAR
              THRISSUR TALUK, THRISSUR DISTRICT - 680 020.

      3       THE DISTRICT COLLECTOR, THRISSUR
              CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT - 680 003.

      4       THE STATE OF KERALA
              REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
              DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695
              001.

      5       ADDL.R5. SRI.JOSEPH JOHN,
              S/O. P.A.JOHN, AGED 58 YEARS, RESIDING AT PADINJAKKARA
              HOUSE, KUTTUR DESOM, ATTOOR ROAD, HAPPY NAGAR, KUTTUR
              VILLAGE AND POST, THRISSUR DISTRICT - 680013. IS IMPLEADED
              AS PER ORDER DATED 26.03.2021 IN IA 1/2021 IN WPC NO.
              2644/2021.


OTHER PRESENT:
           SMT.MABLE.C.KURIAN, GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2644 OF 2021              2




                      P.V.KUNHIKRISHNAN, J
                --------------------------------------------
                     W.P.(C.) No.2644 of 2021
                   --------------------------------------
               Dated this the 22nd day of July, 2021


                               JUDGMENT

The above writ petition is filed with the following

prayers :

i) "Issue a writ of mandamus or any other appropriate writ direction or order, directing the first respondent to carry out the mutation of the property having an extent of 91 square meters comprised in Survey No.649/3 of Chembukkavu Village covered by Exhibit P2 settlement deed No.6036/1/2012 dated 5/12/2012 of Thrissur SRO in the name of the petitioner and to accept basic land tax of the above property from the petitioner as expeditiously as possible and within a time frame fixed by this Honourable Court, so as to secure the ends of justice.

ii) Such other reliefs as this Honourable Court may deem fit and proper in the circumstances of the case."

2. The petitioner submitted that his mother was the

absolute owner of 1.92 ares of landed property comprised in

survey No.649/3 part of Chembukkavu Village by document

No.1413/1/1995 of Thrissur SRO. The mother of the

petitioner gifted 91 sq.mtrs of landed property out of the

above property covered by Ext.P1 sale deed to the petitioner

by settlement deed No.6036/1/2012 of Thrissur SRO. The

petitioner approached the 1st respondent for getting

mutation of the property covered by Ext.P2 and to pay the

basic tax for the above property in his name. The 1 st

respondent is refusing to carry out the mutation and accept

basic tax for the reason that there is an attachment to the

property from the civil court. Hence, this writ petition is

filed.

3. Heard counsel for the petitioner and the

Government Pleader.

4. The counsel for the petitioner reiterated the

contentions in the writ petition. The Government Pleader

submitted that the 1st respondent was not able to accept tax

because of the attachment. The Government Pleader

submitted that a notice was also issued to the petitioner to

produce documents to show that the attachment is lifted.

The Government Pleader submitted that the reason for not

accepting the tax is because of the attachment.

5. In the light of the judgment of this Court in

Balakrishnan Manayil v. State of Kerala [2019 SCC

Online Ker 4076] and in the light of Nevin Raju v.

S.Basheer & others [2015 (3) KLJ 197], it is clear that the

payment of land tax or mutation in favour of the petitioner

will not enable the petitioner to claim any better title and it

will not in any way, affect the adjudication of this Court

between the respondents in the pending civil cases. This

Court observed that there is no meaning in compelling the

petitioner to wait till disposal of the civil suit for effecting

mutation. This Court also observed that simply because

there is an attachment order, the mutation should not be

denied and the authorities are bound to accept tax after

mutation. In this case, the person, who filed the suit in which

this attachment order is passed, is impleaded as additional

5th respondent. Notice was issued to him. There is no

appearance for the 5th respondent.

In such circumstances, I think there is no reason to

deny the relief in this writ petition. Of course, the mutation

and acceptance of tax will be subject to result of the suit.

Therefore, this writ petition is disposed, in the following

manner:

1) The first respondent is directed to carry out the

mutation of the property having an extent of 91 sq.mtrs

comprised in survey No. 649/3 of Chembukkavu Village

covered by Ext.P2 settlement deed in the name of the

petitioner and accept basic land tax of the above property

from the petitioner as expeditiously as possible, at any rate,

within one month from the date of receipt of a copy of this

judgment.