Asmabi vs The Village Officer
2021 Latest Caselaw 13349 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                  WP(C) NO. 15935 OF 2020
PETITIONER/S:

         MUHAMMED ALI, AGED 41 YEARS
         S/O.KUTTIKADDAN ABDU HAJI, KUTTIKADDAN HOUSE,
         KARUVARAKUNDU, P.O.THARISH, MALAPPURAM, PIN-
         676523.

         BY ADVS.
         K.R.VINOD
         SMT.M.S.LETHA
         KUM.K.S.SREEREKHA
         SRI.NABIL KHADER



RESPONDENT/S:

    1    THE VILLAGE OFFICER,
         KERALA ESTATE VILLAGE, KERALA ESTATE.P.O., PIN-
         676525.

    2    THE TAHSILDAR,
         NILAMBUR TALUK, TALUK OFFICE, NILAMBUR, PIN-
         679329.



OTHER PRESENT:

         SMT.SHEEJA.C.S., GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2021, ALONG WITH WP(C).7262/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021


                                                 -2-



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                              PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                                 WP(C) NO. 7262 OF 2021
PETITIONER/S:

                ASMABI
                AGED 54 YEARS
                W/O. SHOUKATHALI, CHELAENGARA HOUSE, IRINGATTIRI,
                KARUVARAKUNDU, MALAPPURAM DISTRICT, PIN-676 523

                BY ADVS.
                K.R.VINOD
                SMT.M.S.LETHA



RESPONDENT/S:

       1         THE VILLAGE OFFICER
                 KERALA ESTATE VILLAGE, KERALA ESTATE P.O, PIN-676
                 525

       2         THE TAHSILDAR,
                 NILAMBUR TALUK, TALUK OFFICE, NILAMBUR, PIN-679
                 329

                 BY GOVERNMENT PLEADER,SMT SHEEJA CS


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2021, ALONG WITH WP(C).15935/2020 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021


                                                 -3-



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                              PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                                WP(C) NO. 20043 OF 2020
PETITIONER/S:

       1         ABBAS
                 S/O HAMEED,KARISANAMKODE,THARISH.P.O,
                 NILAMBUR TALUK,MALAPPURAM DISTRICT-676523.

       2         NAFEESA,
                 W/O.ABBAS,KARISANAMKODE,THARISH.P.O,
                 NILAMBUR TALUK,MALAPPURAM DISTRICT-676523.

       3         AYISHA,
                 W/O.DIRAR,NECHIKKADAN HOUSE,THARISH.P.O,
                 KARUVARAKUNDU,NILAMBUR TALUK,
                 MALAPPURAM DISTRICT-676523.

       4         MUMTHAS,
                 D/O.DIRAR,NECHIKKADAN HOUSE,THARISH.P.O,
                 KARUVARAKUNDU,NILAMBUR TALUK,
                 MALAPPURAM DISTRICT-676523.

       5         MUHAMMED RAFI,
                 S/O UMMAR,VEMMULLI,THARISH.P.O,
                 NILAMBUR TALUK,MALAPPURAM DISTRICT-676523.

       6         SHOUKATHALI,
                 S/O BAVA.T,THORAPPA HOUSE,KALKKUNDU.P.O,
                 NILAMBUR TALUK,MALAPPURAM DISTRICT-676523.

       7         SHAMSHEE RAHMAN,
                 S/O SHOUKATHALI,THORAPPA
                 HOUSE,KALKKUNDU.P.O,NILAMBUR TALUK,
                 MALAPPURAM DISTRICT-676523.
 Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021


                                                 -4-

       8         ABDUL MAJEED,
                 S/O KUNJEEN,PARACKAL,KERALA ESTATE.P.O,
                 NILAMBUR TALUK,MALAPPURAM DISTRICT-676525.

       9         BASHEER,
                 S/O HAMZA,KOTTAPPARAMBAN HOUSE,
                 KUTTATHY.P.O, NILAMBUR TALUK,
                 MALAPPURAM DISTRICT-676523.

      10         FIROS BABU,
                 S/O.MOHAMMED,KADANTHODIKA HOUSE,KERALA ESTATE.P.O,
                 NILAMBUR TALUK,MALAPPURAM DISTRICT-676525.

      11         VINCENT MANI,
                 S/O M.C.MANI,MADAPPALLIKUNNEL,
                 KERALA ESTATE.P.O, NILAMBUR TALUK,
                 MALAPPURAM DISTRICT-676525.

                BY ADV K.VIDYASAGAR



RESPONDENT/S:

       1         THE TAHSILDAR
                 NILAMBUR TALUK,TALUK OFFICE,
                 NILAMBUR-679329.

       2         THE VILLAGE OFFICER,
                 KERALA ESTATE VILLAGE,
                 KERALA ESTATE.P.O,
                 MALAPPURAM DISTRICT-676525.

                BY GOVERNMENT PLEADER,SMT SHEEJA CS



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2021, ALONG WITH WP(C).15935/2020 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021


                                                 -5-



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                              PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                                WP(C) NO. 25422 OF 2020
PETITIONER/S:

                ANILKUMAR N.
                AGED 43 YEARS
                S/O. JANAKI, NARAKAKKUZHI, MELATTUR P. O.,
                PERINTHALMANNA, MALAPPURAM, PIN - 679 326.

                BY ADVS.
                K.R.VINOD
                SMT.M.S.LETHA
                KUM.K.S.SREEREKHA
                SRI.NABIL KHADER



RESPONDENT/S:

       1         THE VILLAGE OFFICER
                 KERALA ESTATE VILLAGE, KERALA ESTATE P. O., PIN -
                 676 525.

       2         THE TAHSILDAR
                 NILAMBUR TALUK, TALUK OFFICE, NILAMBUR, PIN - 679
                 329.

                 BY GOVERNMENT PLEADER,SMT SHEEJA CS


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2021, ALONG WITH WP(C).15935/2020 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021


                                                 -6-




                                       JUDGMENT

These Writ Petitions are filed with almost the same prayer. Therefore, I am disposing of these Writ Petitions by a common judgment.

2. According to the petitioners, they are the absolute owners of certain items of property in Kerala Estate Village, Nilambur Taluk. According to the petitioners, the mutation of the property is not done and the authorities are not accepting Land Tax.

3. Heard the learned counsel for the petitioners and the learned Government Pleader.

4. The learned counsel for the petitioners submitted that the point is covered by several judgments of this Court. The learned counsel appearing for the petitioner in W.P.(C) No.7262 of 2021 takes me through Ext.P2 judgment. For clarity, I am extracting Ext.P2 judgment:- Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021

"The petitioner herein is the absolute owner in title and possession of property having an extent of 0.4047 hectares comprised in Re.Sy. No.55/4/2 and 0.1113 hectares comprised in Re.Sy. No.55/4 in Block No. 157 of the Kerala Estate Village, Nilambur Taluk. The petitioner states that the above properties were purchased by the petitioner on the strength of Ext.P1 sale deed.

2. The petitioner contends that the previous owner of the property was one Chandran and after his death, the property devolved on his wife and children. When the Village Officer refused to effect mutation in their favour and permit them to remit tax, they approached this Court and filed W.P.(C) Nos.16534/2019 and 16494/2019. This Court, by judgment dated 23.7.2019, disposed of the writ petitions observing as follows:

"The petitioners purchased the property which is forming part of Kerala Estate Village. The petitioner approached the Revenue Authority to effect transfer of registry. It appears that alleging purchase was in violation of the Land Reforms Act, Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021

the request for transfer of registry was rejected. If there is any violation of the provisions under the Land Reforms Act, the authorities are free to proceed against the property in accordance with law. The transfer of registry is for fiscal purposes. Therefore, the State is free to proceed against the property for any violation under the Land Reforms Act.

With liberty as above, the Village Officer is directed to effect transfer of registry, without any delay, at any rate, within one month."

3. After effecting mutation as aforesaid, the petitioner purchased the property as stated above. He then submitted an application to effect transfer of the registry and to pay tax. His grievance is that the 1st respondent refused to accept the application on the ground that the property is situated in Kerala Estate Village. It is the afore circumstances that the petitioner is before this Court seeking a direction to the 1st respondent to accept the application submitted by the petitioner for effecting mutation in respect of the property covered under Ext.P1 sale deed in an expeditious manner.

Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021

4. Sri. K.R. Vinod, the learned counsel appearing for the petitioner would refer to Exhibit P4 and P5 judgments of this Court and it was argued that there is no justification on the part of the respondents in rejecting the application and in transferring the registry in his name.

5. Smt. Mable C. Kurian, the learned Government Pleader, has opposed the prayer. However, it is fairly submitted that this Court has granted relief to the predecessor in interest of the petitioner and they have remitted tax.

6. I have considered the submissions advanced.

7. It is by now settled that effecting of mutation and acceptance of basic land tax will not result in the conferment of title. If there is any violation of the provisions of any of the statutes, the authorities can very well proceed against the petitioner in accordance with the law. The petitioner is entitled to the benefit as has been granted to the petitioners in Exts.P4 and P5, they being the previous owners.

Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021

8. Resultantly, this writ petition is disposed of directing the petitioner to approach the 1st respondent and to file a fresh application under Form 1A of the Transfer of Registry Rules, 1966, and seek for mutation with supporting documents. If such an application is filed, the competent among the respondents shall consider the same, if it is in order, and effect transfer of registry, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. The land tax offered by the petitioner shall also be accepted."

5. The learned Government Pleader submits that

a counter affidavit is filed in this case. The learned

Government Pleader further submits that if this Court is

going to pass similar order like Ext.P2, liberty may be

given to the State to proceed with the case, if any, under the

Land Reforms Act.

6. I think, in the light of the judgment dated Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021

29.1.2021 in W.P.(C) No.25428 of 2020, these Writ

Petitions also can be disposed of. It is now settled by

several judgments of this Court and the Apex Court that

mutation of property and acceptance of tax will not by itself

either create or extinguish title nor has it in presumptive

value on title and it only enables the person in whose name

the mutation has been effected to pay land revenue in

question. [Larson T George v. State of Kerala 2019 (1)

KLT 128, Sawarni (SMT) v. Inder Kaur (SMT) & others

1996(6) SCC 223 and Sudan v. State of Kerala 2013 (4)

KLT 563].

In the light of the above principle, I think these Writ

Petitions can be disposed of, in the following manner:-

(i) The petitioners in these Writ Petitions can file

a fresh application under Form IA of the Transfer of Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021

Registry Rules, 1966 and seek for mutation of their

property with supporting documents.

(ii) If such an application is filed, within one month

from today, the competent authority among the respondents

shall consider the same if it is in order and effect the

transfer of registry, at any rate, within a period six weeks

thereafter. The land tax offered by the petitioners shall also

be accepted.

(iii) The State is free to proceed with the land, if

there is any violation of the Land Reforms Act.

Sd/-

P V KUNHIKRISHNAN, JUDGE.

dl/ Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021

APPENDIX OF WP(C) 7262/2021

PETITIONER ANNEXURE

EXHIBIT P1 THE COPY OF THE RELEASE DEED NO.

1063/2016 DATED 12.05.2016 OF SRO KARUVARAKUNDU.

EXHIBIT P2 THE COPY OF JUDGMENT IN W.P.C NO.

25428/2020 DATED 29.01.2021.

Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021

APPENDIX OF WP(C) 20043/2020

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1144/2017 SRO,KARUVARAKUNDU DATED 25.05.2017 OBTAINED IN THE NAME OF 1ST AND 2ND PETITIONER

EXHIBIT P2 TRUE COPY OF THE LAND TAX PAYMENT RECEIPT DATED 05.05.2016 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF SALEENA,TH VENDOR OF THE PROPERTY SOLD TO THE 1ST AND 2ND PETITIONER.

EXHIBIT P3 TRUE CPOY OF THE SALE DEED NO.654/2019 SRO,KARUVARAKUNDU DATED 22.03.2019 OBTAINED IN THE NAME OF 3RD PETITIONER.

EXHIBIT P4 TRUE COPY OF THE LAND TAX PAYMENT RECEIPT DATED 11.03.2019 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF MUMTHAS, THE VENDOR OF THE PROPERTY SOLD TO THE 3RD PETITIONER.

EXHIBIT P5 TRUE COPY OF THE SALE DEED NO.1656/2018 SRO,KARUVARAKUNDU DATED 21.07.2018,OBTAINED IN THE NAME OF 4TH PETITIONER

EXHIBIT P6 TRUE COPY OF THE LAND TAX PAYMENT RECEIPT DATED 04.02.2020 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF NEJMUNNEESA, THE VENDOR OF THE PROPERTY SOLD TO THE 4TH PETITIONER.

EXHIBIT P7 TRUE COPY OF THE SALE DEED NO.330/2018 SRO,KARUVARAKUNDU DATED 12.2.18.2018, OBTAINED IN THE NAME OF 5TH PETITIONER. Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021

EXHIBIT P8 TRUE COPY OF THE LAND TAX PAYMENT RECEIPT DATED 04.06.2020 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF SHAMSUDHEEN,THE VENDOR OF THE PROPERTY SOLD TO THE 5TH PETITIONER.

EXHIBIT P9 TRUE COPY OF THE SALE DEED NO.325/2018 SRO,KARUVARAKUNDU DATED 12.02.2018,OBTAINED IN THE NAME OF 6TH PETITIONER.

EXHIBIT P10 TRUE COPY OF THE LAND TAX PAYMENT RECEIPT DATED 21.10.2017 ISSUED BY THE 2ND RESPONDENT IN THA NAME OF SAMEER,THE VENDOR OF THE PROPERTY SOLD TO THE 6TH PETITIONER.

EXHIBIT P11 TRUE COPY OF THE SALE DEED NO.903/2019 SRO,KARUVARAKUNDU DATED 26.04.2019,OBTAINED IN THE NAME OF 7TH PETITIONER.

EXHIBIT P12 TRUE COPY OF THE SALE DEED NO.1939/2018 SRO,KARUVARAKUNDU DATED 12.9.18,OBTAINED IN THE NAME OF 7TH PETITIONER.

EXHIBIT P13 TRUE COPY OF THE LAND TAX PAYMENT RECEIPT DATED 17.04.2019 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF HASEENA, THE VENDOR OF THE PROPERTY SOLD TO THE 7TH PETITIONER.

EXHIBIT P14 TRUE COPY OF THE LAND TAX PAYMENT RECEIPT DATED 27.09.2017 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF BIYUMMA, THE VENDOR OF THE PROPERTY SOLD TO THE 7TH PETITIONER.

EXHIBIT P15 TRUE COPY OF THE SALE DEEED NO.127/2019 SRO,KARUVARAKUNDU DATED 23.01.2019,OBTAINED IN THE NAME OF 8TH PETITIONER.

Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021

EXHIBIT P16 TRUE COPY OF THE SALE DEED NO.2125/2019 SRO, KARUVARAKUNDU DATED 07.11.2019,OBTAINED IN THE NAME OF 9TH PETITIONER.

EXHIBIT P17 TRUE COPY OF THE SALE DEED NO.9/2020 IN SRO,KARUVARAKUNDU DATED 24.12.2019,OBTAINED IN THE NAME OF 10TH PETITIONER.

EXHIBIT P18 TRUE COPY OF THE LAND TAX PAYMENT RECEIPT DATED 28.12.2019 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF MUMTHAS, THE VENDOR OF THE PROPERTY SOLD TO THE 10TH PETITIONER.

EXHIBIT P19 TRUE COPY OF THE SALE DEED NO.2507/2019 SRO,KARUVARAKUNDU DATED 28.12.2019,OBTAINED IN THE NAME OF THE 11TH PETITIONER.

EXHIBIT P20 TRUE COPY OF JUDGMENT IN W.P(C)NO.20675/2019 DATED 19.02.2020 ON THE FILE OF THE HON'BLE HIGH COURT OF KERALA.

RESPONDENT EXHIBITS:

EXHIBIT R1(a) TRUE COPY OF THE MINUTES HELD BY THE DISTRICT COLLECTOR, MALAPPURAM DATED 01/10/2014.

EXHIBIT R1 (b) TRUE COPY OF THE ORDER OF DISTRICT COLLECTOR, MALAPPURAM.

EXHIBITR1 (c) TRUE COPY OF LETTER NO.10654/N1/08/RD DATED 24/03/2008.

EXHIBIT R1(d) TRUE COPY OF ORDER DATED 01/03/2012 ISSUED BY LAND BOARD.

Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021

EXHIBIT R1(e) TRUE COPY OF THE GOVERNMENT ORDER G.O.

(MS) NO.1254/2013/REV. DATED 17/03/2013.

EXHIBIT R1(f) TRUE COPY OF THE ORDER DATED 18/03/2020 IN WRIT APPEAL NO.2299/2019.

Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021

APPENDIX OF WP(C) 25422/2020

PETITIONER ANNEXURE

EXHIBIT P1 THE COPY OF THE SALE DEED NO.1/1432/2020 OF SRO KARUVARAKUNDU, EXECUTED IN FAVOUR OF THE PETITIONER, DATED 18.09.2020.

EXHIBIT P2 THE COPY OF THE RELEASE DEED NO.661/1/2019 OF SRO KARUVARAKUNDU, EXECUTED BY THE WIFE OF LATE MR.

CHANDRAN, IN FAVOUR OF HER 3 DAUGHTERS, DATED 22.03.2019.

EXHIBIT P3 THE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.16494/2019 DATED 23.07.2019.

Case Nos.WP(C) 25422, 15935 & 20043/2020 & 7262/2021

APPENDIX OF WP(C) 15935/2020

PETITIONER ANNEXURE

EXHIBIT P1 THE COPY OF THE SALE DEED NO.2281/1/2015 OF SRO MELATTUR.

EXHIBIT P2 THE COPY OF THE CORRECTION DEED NO.2050/1/2017 OF SRO MELATTUR.

EXHIBIT P3 THE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC.NO.8010/2019 DATED 27.3.2019.