Fazeludeen vs The District Collector
2021 Latest Caselaw 15515 Ker

WP(C) NO. 24109 OF 2020        1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
        FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                      WP(C) NO. 24109 OF 2020
PETITIONER/S:

            FAZELUDEEN,
            AGED 70 YEARS,
            S/O. PAREETHKUNJU, FATHIMA COTTAGE, MAMOM,
            KIZHUVILOM P.O., ATTINGAL,THIRUVANANTHAPURAM-695 104.

            BY ADV LIJU. M.P


RESPONDENT/S:

    1       THE DISTRICT COLLECTOR
            COLLECTORATE, THIRUVANANTHAPURAM-695 001.

    2       THE TALUK SURVEYOR
            OFFICE OF TALUK SURVEYOR, CHIRAYINKEEZH TALUK,
            THIRUVANANTHAPURAM-695 304.

    3       THE TAHSILDAR
            CHIRAYINKEEZH TALUK OFFICE, CHIRAYINKEEZH,
            THIRUVANANTHAPURAM-695 304.

    4       THE VILLAGE OFFICER
            KIZHUVILAM VILLAGE, CHIRAYINKEEZH,
            THIRUVANANTHAPURAM-695 304.

    *5      ADDL R5
            TAHSILDAR (LR)
            CHIRAYINKEEZHU TALUK
    *       (ADDL.R5 IS SUO MOTU IMPLEADED AS PER JUDGMENT DATED
            23/07/2021 IN WP(C)).
            SMT. K. AMMINIKUTTY, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24109 OF 2020              2



                                   JUDGMENT

The petitioner states that he is the absolute owner in title and possession

of property having an extent of 3.750 cents comprised in Survey No.2758/4-2-1

of Kizhuvilam village. The aforesaid property was acquired by him from a certain

Nazeehudeen on 27.11.1995. He points out that he has affected mutation in his

name and has been paying tax as is evident from Exts.P1 and P2. Later, based

on his request Ext.P3 possession certificate was issued and the Local Authority

has also issued Ext.P4 ownership certificate. He contends that sometime in the

year 2013 about 1.750 cents of property forming part of the larger extent was

acquired for the purpose of the widening of the National Highway.

2. Subsequent thereto, when the petitioner approached the Revenue

Authorities and offered to pay tax, they refused to accept the land tax on the

premise that the property in the possession of the petitioner is 'Puramboke'

land. In the said circumstances, the petitioner is stated to have filed Ext.P5

representation before the 1st respondent as early as 18.08.2016. In Ext.P5

representation, he has mentioned about the pendency of proceedings initiated

by the Tahsildar (LR) which is stated to be pending. The petitioner asserts that

a report was called for from the Village Officer and the Village Officer had given

a favourable report. However, his grievance is that no action is being taken by

the respondents. Being aggrieved by the inaction on the part of the

respondents, the petitioner is before this Court seeking directions.

3. When the matter was taken up Sri. M.P.Liju, the learned counsel

appearing for the petitioner submitted that since the proceedings are pending

before the Tahsildar (LR), the petitioner would be satisfied if necessary

directions are given to the said authority to consider his grievances and take a

decision in an expeditious manner. He also points out that the report of the

Village Officer, which is produced as Ext.P7 may also be considered. He also

prays that the competent among respondents 3 and 4 be directed to consider

the application filed by the petitioner for remitting land tax and take a decision.

4. The learned Government Pleader submits that the Tahsildar (LR)

has not been made a party to the proceedings. However, it is submitted that

from Ext.P5 it is evident that some proceedings are pending before the said

authority and there is no impediment in directing the said respondent to finalise

the proceedings in an expeditious manner.

5. Tahsildar (LR), Chirayinkeezhu Taluk is suo motu impleaded as

additional respondent No.5. Registry is directed to carry out necessary

corrections in the cause title.

6. Having regard to the facts and circumstances and the submissions

made across the bar, this writ petition is disposed of directing the additional 5th

respondent to conclude the proceedings which have been initiated as K 14-

7256/16 (7711/16) referred to in Ext.P5 taking note of Ext.P7 report and

finalise the same within a period of two months. If after finalization of the

proceedings, the petitioner approaches the competent among respondents 3

and 4 to remit land tax, the said respondent shall consider his request and take

appropriate action in an expeditious manner.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE SMF

APPENDIX OF WP(C) 24109/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 19.5.2010.

EXHIBIT P2            TRUE COPY OF THE TAX RECEIPT DATED
                      3.4.2013.

EXHIBIT P3            TRUE COPY OF THE POSSESSION CERTIFICATE
                      DATED 11.1.2001 ISSUED BY 4TH RESPONDENT.

EXHIBIT P4            TRUE COPY OF THE OWNERSHIP CERTIFICATE
                      DATED 5.10.2020 ISSUED BY KIZHUVILAM GRAMA
                      PANCHAYAT.

EXHIBIT P5            TRUE COY OF THE PETITION SUBMITTED TO IST
                      RESPONDENT DATED 18.8.2016.

EXHIBIT P6            TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
                      DATED 5.10.2020.

EXHIBIT P7            TRUE COPY OF THE REPORT/COMMUNICATION DATED
                      8.10.2020 ISSUED BY 4TH RESPONDENT TO THE
                      3RD RESPONDENT.

RESPONDENT(S) EXHIBITS :NIL