Kerala High Court
Paramewsariamma vs The R.D.O., Thrissur on 30 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
WP(C) NO. 18602 OF 2011
PETITIONER:
PARAMEWSARIAMMA
P.O.ANDATHODE, THRISSUR DISTRICT PIN 679 564.
BY ADV SMT.R.SUDHA
RESPONDENTS:
1 THE R.D.O., THRISSUR
THRISSUR PIN 680 001.
2 THE DISTRICT COLLECTOR THRISSUR 680 001
3 THE TAHSILDAR CHAVAKKAD
THRISSUR 680001.
4 THE VILLAGE OFFICER
PUNNAYOORKULAM VILLAGE,THRISSUR 680 001.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SMT.MABLE.C.KURIAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.18602/2011
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.18602 of 2011
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Dated this the 30th day of July, 2021
JUDGMENT
This writ petition is filed with following prayers:
a. Issue a writ of mandamus or any other
appropriate writ direction or order, directing
the 4th respondent to receive land tax for the
pond extending to 6 cents comprised in Survey
No.177/3 which is under the exclusive
possession and ownership of the petitioner and
her brother Sachidanandan Nair.
b. Issue such other further reliefs as are necessary
in the interest of justice.
2. Today, when the matter came up for consideration,
the Government Pleader takes me through the counter
affidavit filed by the 1st respondent. The relevant portion of
the counter affidavit is extracted hereunder:
W.P.(C).No.18602/2011
"With regard to the averments stated in paragraph 1
to 3 of the writ petition, it is respectfully submitted
that the petitioner and others are in joint possession
of an extent of 1.44 Acres of land in Survey
No.118/12, 118/13 and 117/3 of Punnayurkulam
Village and they have been paying land tax for this
land for the past several years. The former Village
Officers might have accepted land tax for this entire
landed property by mistake. It is respectfully
submitted that from the year 2006 onwards the
fourth respondent refused to accept land tax for the
unassessed land. The reason for non-acceptance of
land tax has already been explained clearly to the
petitioners in time. The absolute right of the
petitioner over the pond in question has to be got
registered under the provisions of Malabar Land
Registration Act, 1896 which is still in force in
Malabar area of the state. Chavakkad Taluk is a part
of erstwhile Malabar area. The petitioner has to make
an application before the 1 st respondent, the
authority competent under the Act for getting
U.A.Pond registered in her favour."
3. When the matter came up for consideration on
14.07.2021, the counsel for the petitioner sought some more
time to contact her client. Today, when the writ petition came
up for consideration, there is no representation for the
petitioner.
W.P.(C).No.18602/2011
In such circumstances, I think there is no need to retain
this writ petition. If there is any fresh cause of action to the
petitioner, the petitioner is free to approach the authority
concerned.
Therefore, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.18602/2011
APPENDIX OF WP(C) 18602/2011
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX PAYING RECEIPT
ISSUED IN FAVOUR OF HTE PETITIONER BY
TEH 4TH RESPONENT FOR RECEIVING TAX
FOR THE LAND DATED 27.9.1994
EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED
9.11.2005
EXHIBIT P3 TRUE COPY OF HTE REPRESENTATION BEFORE
THE DISTRICT COLLECTOR, DATED
06.11.2010
EXHIBIT P4 TRUE COPY OF REPRESENTATION BEFORE THE
THE REVENUE DIVISIONAL OFFICER, DATED
08.11.2010
EXHIBIT P5 TRUE COPY OF COMMUNICATION ISSUED BY
THE VILLAGE OFFICER DATED 20.6.2011
