Raju.K.D vs The Village Officer, Keezhanthur
2021 Latest Caselaw 21636 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                        WP(C) NO. 5974 OF 2021
PETITIONER:

          RAJU.K.D., AGED 67 YEARS,
          S/O.K.K.DAMODARAN, KAKKANATTU HOUSE,
          KARINGAMTHURUTH, KONGORPILLY P.O., ALANGAD,
          KOONAMMAVU,ERNAKULAM-683518.

          BY ADV C.K.SREEJITH



RESPONDENTS:

    1     THE VILLAGE OFFICER, KEEZHANTHUR,
          IDUKKI DIST. - 685620.

    2     THE TALUK OFFICER,
          DEVIKULAM TALUK, IDUKKI-685613.

    3     STATE OF KERALA,
          REP. BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          TRIVANDRUM-695001.

          BY ADV.SRI.JAFAR KHAN, SR. GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5974 OF 2021
                                   2

                          JUDGMENT

The petitioner says that Ext.P1 Purchase

Certificate was obtained by his mother; while

Ext.P2 by his father. He says that both of

them are now no more and consequently, that he

is their legal heir. He says that he has paid

land tax on the property in the years 1996 and

1997, as are evident from Exts.P4 and P5; as

also in the next year, but that the 1st

respondent thereafter, refused to allow him to

do so, saying that the land in question has

been kept apart for being distributed to

others.

2. The petitioner shows me Ext.P6 report

of the Tahsildar and alleges that it is illegal

and contrary to law because, in similar cases,

Ext.P7 judgment has already been delivered by WP(C) NO. 5974 OF 2021

this Court, granting relief to persons

identically situated.

3. The petitioner says that he, therefore,

submitted Ext.P8 application before the competent

Authority, but alleges that no action has been

taken on it until now. He thus prays that Ext.P8

be directed to be disposed of and the

jurisdictional Village Officer be directed to

allow him to remit land tax on the property in

question.

4. The learned Senior Government Pleader -

Sri.Jafar Khan, submitted that even though Exts.P1

and P2 Purchase Certificates had been issued, the

property in question, during re-survey, has been

classified as 'Puramboke' land, because the

competent Authority reported that the petitioner

was not in its possession at the time of such

exercise. He submitted that, therefore, unless the WP(C) NO. 5974 OF 2021

petitioner moves an application for correction of

the re-survey records, under the provisions of the

Kerala Survey and Boundaries Act, no relief can be

granted to him; however, adding that if such an

application is made, the competent respondent is

willing to consider the same in terms of law and

to grant reliefs to the petitioner, as are

eligible to him.

5. When I consider the afore submissions of

the learned Senior Government Pleader, prima

facie, the petitioner's contentions deserve

favour, because Exts.P1 to P2 Purchase

Certificates have, concededly, not been cancelled

or modified until now.

6. Therefore, if there is a change of

classification of the land during re-survey, the

petitioner must certainly be given an opportunity

of seeking its correction; and am, therefore, of

the firm view that this Court will be justified in WP(C) NO. 5974 OF 2021

disposing of this writ petition, granting him such

liberty.

Resultantly, I order this writ petition,

granting liberty to the petitioner to move an

appropriate application for correction of the

re-survey records before the competent Authority;

and if this is done within a period of one month

from the date of receipt of a copy this judgment,

the same will be considered by the said Authority,

after affording an opportunity of being heard to

the petitioner; thus culminating in an apposite

decision thereon, as expeditiously as is possible,

but not later than four months from the date of

the application.

Needless to say, once the afore exercise is

completed and if the petitioner is able to have

the re-survey records corrected, then he will be

at liberty to approach the jurisdictional Village

Officer, who will thereupon allow him to remit WP(C) NO. 5974 OF 2021

land tax on the property concerned, without any

avoidable delay thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/akv WP(C) NO. 5974 OF 2021

APPENDIX OF WP(C) 5974/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE PATTA NO.13781, LA.NO.3/94 HAVING AN EXTENT OF 3 ARE 50 CENTS.

EXHIBIT P2 THE TRUE COPY OF THE PATTA NO.13780, LA.NO.1/94 ISSUED IN FAVOUR OF THE FATHER OF THE PETITIONER.

EXHIBIT P3 THE TRUE COPY OF THE DEATH CERTIFICATE OF SARADADEVI, W/O. K.K.DAMODARAN ISSUED BY COCHIN CORPORATION.

EXHIBIT P4 THE TRUE COPY OF THE LAND TAX RECEIPT FOR THE YEAR 96-97 DATED 23.5.96 ISSUED BY KEEZHANTHUR VILLAGE, DEVIKULAM TALUK.

EXHIBIT P5 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY VILLAGE OFFICER DATED 23.5.96.

EXHIBIT P6 THE TRUE COPY OF THE REPORT OF TAHSILDAR DATED 27.11.2013.

EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT DATED 18.3.2020 IN W.P.(C) NO.2338/2015 ON THE FILE OF HON'BLE HIGH COURT OF KERALA, ERNAKULAM.

EXHIBIT P8 THE TRUE COPY OF THE REPRESENTATION DATED 11.2.2021.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE