Syamala.C @ Syamala Amma vs The District Collector
2021 Latest Caselaw 15696 Ker

WP(C) NO. 416 OF 2021              1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
      FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                         WP(C) NO. 416 OF 2021
PETITIONER/S:

             SYAMALA.C @ SYAMALA AMMA,
             AGED 79 YEARS,
             W/O LATE MADHAVAN NAIR,'SYAMA',KALLARAMOOLA,
             RESMI NAGAR,
             RNRA 63, MUTTADA.P.O, THIRUVANANTHAPURAM-695025.

             BY ADVS.
             P.V.ANIL
             SMT.V.S.LIJA
             SHRI.GOVIND M.G.



RESPONDENT/S:

     1       THE DISTRICT COLLECTOR,
             COLLECTORATE, 2ND FLOOR, CIVIL STATION BUILDING,
             CIVIL STATION ROAD, KUDAPPANAKUNNU,
             THIRUVANANTHAPURAM DISTRICT,
             PIN-695043.

     2       THE TALUK TAHSILDAR(LAND RECORDS),
             TALUK OFFICE, FORT, THIRUVANANTHAPURAM,
             PIN-695023.

     3       THE VILLAGE OFFICER,
             KOWDIAR VILLAGE OFFICE, KANAKA NAGAR,
             NANTHANCODE, KOWDIAR, THIRUVANANTHAPURAM,
             PIN-695033.




             SMT K AMMINIKUTTY, SR GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   30.07.2021,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 416 OF 2021                 2

                                  JUDGMENT

The petitioner states that she is the absolute owner in title and

possession of property having an extent of 1 Ares and 21 sq.mtrs comprised

in Sy. No. 2859/A of Kowdiar Village was acquired on the strength of Exhibit

P1 partition deed entered into between herself and her children. She contends

that she has effected mutation in her name and has been remitting tax as is

evident from Ext.P2 to P5 tax receipts. Later, resurvey was conducted and

the survey authorities identified that the petitioner is in possession of 2.59

Ares in Block No. 41 and Re-Survey Sub Division No. 138 of Kowdiar Village

(Old Sy. No.2859/A). According to the petitioner, she is in physical possession

of a total extent of 6.39 cents and the said property is separated from the

surrounding properties by well-defined boundaries. In the said circumstances,

the petitioner is stated to have filed Ext.P7 application before the 3rd

respondent requesting that mutation be effected for the entire extent of 6.39

cents. The application filed by the petitioner was forwarded to the 2nd

respondent. A detailed survey was conducted and Ext.P8 report was prepared.

On the strength of Ext.P8, the Head surveyor prepared a report in Form No.

97 for carrying out alteration in the village records. Later, entries in the basic

tax register were altered and the extent of the property was corrected as 2

Ares 59 sq.mts. as is evident from Ext.P10. On the strength of Ext.P10, the

petitioner is stated to have approached the 3rd respondent and filed an

application seeking to effect mutation. However, no action was taken. In the

said circumstances, the petitioner approached the 1st respondent and filed

Ext.P11 representation. The grievance of the petitioner is that no action has

been taken by the said respondents. It is in the afore circumstances that the

petitioner is before this Court seeking the following reliefs:-

1. A writ of mandamus or other order be passed directing the 3rd respondent to effect mutation of 2.59 Ares of property i.e.(6.39 cents) in Re.Sy.Block No.41, Re.Sy Sub Division No.138 (old Sy.No.2859/A) of Kowdiar Village, Thiruvananthapuram Taluk, Thiruvananthapuram District in the name of the petitioner and as per Ext.P10 and to accept tax, within a time frame to be fixed by this Hon'ble Court in the interest of justice.

2. A statement has been filed by the 2nd respondent as directed by

this Court. It is stated that as per Annexure- R2(a), G.O.(M.S.)No.214/2020,

the competent authority to take a decision is the District Collector. It is further

stated that if the petitioner files an application before the 1st respondent in

tune with Annexure-R2(a), necessary action can be taken.

3. I have considered the submissions advanced.

4. I find that the petitioner has already approached the 1st

respondent and has filed Exhibit P11 application as early as on 24.1.2020. As

per G.O. (M.S) 214/2020/REV dated 15.9.2020, the competent authority to

take a decision being the 1st respondent, there will be a direction to the 1st

respondent to expedite the proceedings and take a decision to enable the

petitioner to get mutation of the property effected and to pay land tax in

respect of the property having an extent of 2.59 ares in Re-survey Block

No.41, and Re-Survey Sub Division No. 138. The entire exercise shall be

completed within a period of 60 days from the date of receipt of a copy of this

judgment.

The petitioner shall produce a copy of the writ petition along with the

judgment before the 1st respondent for compliance.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE ps

APPENDIX OF WP(C) 416/2021

PETITIONER(S) EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE PARTITION DEED NO.2084/1995 EXECUTED AT PATTOM SUB REGISTRAR OFFICE,THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT BY NO.70 DATED 20.06.1995 ISSUED BY THE KOWDIAR VILLAGE OFFICE.

EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT BY NO.1004819 DATED 24.05.2014.

EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE KOWDIAR VILLAGE OFFICE BY NO.0848967 DATED 22.06.2015.

EXHIBIT P5 TRUE COPY OF THE TAX RECEIPT BY NO.0918483 DATED 24.07.2017.

EXHIBIT P6 TRUE COPY OF THE UNDATED COMMUNICATION ISSUED TO THE PETITIONER BY THE RE-SURVEY SUPERINTENDENT, KAZHAKUTTOM.

EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 11.06.2018 FILED BEFORE THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REPORT OF THE SURVEYOR DATED 18.09.2018.

EXHIBIT P9 TRUE COPY OF THE FORM NO.97 DATED 04.12.2018 THAT WAS FILLED BY THE HEAD SURVEYOR OF THE 2ND RESPONDENT WHICH WAS FOR ALTERATION TO BE MADE IN THE VILLAGE RECORDS.

EXHIBIT P10 TRUE COPY OF THE BASIC TAX REGISTER DATED 26.06.2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO THE PROPERTIES IN RE.SY.BLOCK 041 OF KOWDIAR VILLAGE.

EXHIBIT P11 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 24.01.2020.

EXHIBIT P12 TRUE COPY OF THE RECORDS OF THE PROCEEDINGS BY NO.LRM8-38795/2018 DATED 27.02.2020 RECEIVED BY THE PETITIONER UNDER THE RIGH TO INFORMATION ACT.

EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 08.03.2021IN W.P.(C)361/2021 OF THE HON'BLE HIGH COURT, KERALA.

RESPONDENT(S) ANNEXURES :

ANNEXURE R2(a) TRUE COPY OF GO(MS)NO.214/2020/RED DATED 15.09.2020.