Ranjitha Nair vs Thalavady Grama Panchayath
2021 Latest Caselaw 21687 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                        WP(C) NO. 8015 OF 2021
PETITIONER:

          RANJITHA NAIR
          AGED 45 YEARS
          W/O. RAJESH, RESIDING A T NIRMALYAM, KAVUMBHAGAM P.O.
          THIRUVALLA, PATHANAMTHITTA 689 571.

          BY ADVS.
          T.C.SURESH MENON
          SRI.P.S.APPU
          SMT.G.AMBILY


RESPONDENTS:

    1     THALAVADY GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY, THALAVADY P.O.
          ALAPPUZHA 680 572.

    2     ADDL.R2.RENJITH
          S/O.LATE ARAVINDAKSHAN NAIR, RESIDING AT VINDA VILLA,
          NEERETTUPURAM, THALAVADY P.O., ALAPPUZHA-680572

          (IS IMPLEADED AS PER ORDER DATED 02.11.2021 IN
          I.A.NO.1/2021)

          BY ADV C.V.MANUVILSAN


     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. 8015 OF 2021

                                          2




                                   JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) issue of a writ in the nature of mandamus directing the respondent Panchayat to change the ownership of the shop rooms with Room Nos.VI/388 and 389 (new Number 6/459 & 6/460) within its limits, in the name of the petitioner.

(ii) issue a writ in the nature of mandamus directing the respondent Panchayat to consider on merits Ext.P4 application submitted by the petitioner for change of ownership after affording him a reasonable opportunity of being heard.

(iii) issue a writ in the nature of mandamus directing the respondent to accept building tax from the petitioner after necessary changes are effected in the register.

(iv) call for records leading to issuance of Ext.P5 and quash the same declaring that such demand for production of additional documents apart from Exts.P1 to P3, for issuance of ownership certificate is illegal and arbitrary."

2. Heard the learned counsel for the petitioner and the learned counsel

appearing for the 1st respondent.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is the owner in possession of two shop rooms bearing Nos.VI/388

and 389 (new Number 6/459 & 6/460) within the limits of the 1 st respondent WP(C) NO. 8015 OF 2021

Panchayat. It is submitted that the property is obtained by Ext.P1 partition

deed executed between the petitioner, her mother and her brother when

her father died intestate. It is submitted that two shop rooms with

appurtenant land were allotted to the petitioner and the remaining one

was allotted to her brother. It is submitted that though mutation was

effected and basic tax is paid by the petitioner, the property tax with

respect to the building is still being paid by the brother of the petitioner.

The petitioner, therefore, submitted Ext.P4 application for change of

ownership in the property tax register. However, the same has been

returned stating untenable reasons by Ext.P5. The petitioner has impleaded

her brother also as a party to this writ petition and the impleading petition

has been allowed.

4. In the above view of the matter, I am of the opinion that the

application submitted by the petitioner as Ext.P4 is liable to be considered

and disposed of, in accordance with law, after hearing the petitioner, the

additionally impleaded 2nd respondent and any other affected parties. For a

proper consideration of Ext.P4, Ext.P5 shall stand set aside. The 1 st

respondent shall take up Ext.P4 application, consider and pass appropriate WP(C) NO. 8015 OF 2021

orders on the same, in accordance with law, after hearing the parties,

through any appropriate means, including through video conferencing,

within a period of one month from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 8015 OF 2021

APPENDIX OF WP(C) 8015/2021

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PARTITION DATED DATED 6.2.2004.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, THALAVADY DATED 19.5.2020.

EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICE, THALAVADY DATED 18.5.2020.

EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR CHANGE OF OWNERSHIP DATED 26.5.2020.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION ISSUED BY THE RESPONDENT DATED 25.9.2020.

EXHIBIT P6 TRUE COPY OF THE INFORMATION PROVIDED BY THE RESPONDENT UNDER RTI ACT DATED 23.11.2020.

RESPONDENT'S/S EXHIBITS: NIL