Kerala High Court
P.R.Danavan vs The Tahsildar on 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
WP(C) NO. 22287 OF 2021
PETITIONERS:
1 P.R.DANAVAN, S/O. LATE RAJAPPAN, PARAMBATHERIL HOUSE,
NEDUVANNUR, CHOWARA P.O, ALUVA TALUK,
ERNAKULAM DISTRICT - 683571.
2 ARUN SAGAR, S/O. P.R. DANAVAN, PARAMBATHERIL HOUSE,
NEDUVANNUR, CHOWARA P.O, ALUVA TALUK,
ERNAKULAM DISTRICT - 683571.
3 ABITHA @ AMRITHA , D/O. P.R. DANAVAN, PARAMBATHERIL
HOUSE, NEDUVANNUR, CHOWARA P.O, ALUVA TALUK,
ERNAKULAM DISTRICT - 683571.
BY ADVS.
G.HARIHARAN
K.S.SMITHA
V.R.SANJEEV KUMAR
RESPONDENTS:
1 THE TAHSILDAR,
CHITTUR TALUK, CHITTUR, PALAKKAD DISTRICT - 678101.
2 THE VILLAGE OFFICER,
KOZHIPATHY VILLAGE, VANNAMADA P.O, CHITTUR TALUK,
PALAKKAD DISTRICT - 678555.
BY ADV.SMT.RESMITHA RAMACHANDRAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22287 OF 2021
-2-
JUDGMENT
The 1st petitioner is stated to be the father
of the 2nd and 3rd and they assert that they had
purchased certain properties, covered by Exts.P1
to P3. They say that there were certain
proceedings pending against the properties before
the jurisdictional Taluk Land Board, but that they
all have now been finalised, which is evident from
the fact that Ext.P5 possession certificate was
issued to them as early as in the year 1999, and
that they were also allowed to remit land tax on
it in that year, as is limpid from Ext.P6 receipt.
2. The petitioners say that, however, when
they tried to remit land tax on the properties in
question recently and applied for a possession
certificate, it has been refused to be considered,
even though they made a written request for such
purpose in the year 2003, a copy of which has been
WP(C) NO. 22287 OF 2021
placed on record as Ext.P8.
3. The petitioners say that, on receipt of
Ext.P8 request, the 2nd respondent - Village
Officer, placed a report before the 1st respondent
- Tahsildar, namely Ext.P9, clearly recording
that, though the properties in question are in the
ownership and enjoyment of the petitioners, its
transfer of Registry has not yet been effected in
their name.
4. The petitioners assert that the findings
of the Village Officer, that the transfer of
Registry of the properties had not been effected
in their favour is not correct; and, therefore,
that the further proceedings of the 1st respondent,
namely Ext.P10, asking the wife of the 1st
petitioner to produce a Power of Attorney executed
by the petitioners, is unnecessary and completely
without basis. They say that, therefore, they
were left without any other option but to make a
WP(C) NO. 22287 OF 2021
fresh application, namely Ext.P11, on 19.07.2021,
but allege that no action has been taken thereon
until now.
5. The afore submissions of Sri.G.Hariharan -
learned counsel for the petitioners, were met by
the learned Senior Government Pleader - Smt.Surya
Binoy, saying that, even going by the factual
narration made by the petitioners, it is
unmistakable that there is a confusion as to
whether the transfer of Registry of the properties
is already in the name of the petitioners or
otherwise; and as to why they had not been allowed
to remit the land tax from the year 1999.
6. The learned Senior Government Pleader
prayed that, therefore, this Court may allow the
1st respondent to consider Exts.P8 and P11
applications of the petitioners and take a final
decision on the afore two aspects, so that if
there are no other legal impediments, they can be
WP(C) NO. 22287 OF 2021
offered legitimate reliefs, as are entitled to
them in law.
7. When I hear the learned Senior Government
Pleader as afore, it is without doubt that this is
a best course available to the petitioners.
In the afore circumstances, I order this writ
petition, directing the petitioners to mark
appearance before the 1st respondent at 11 A.M. on
18.11.2021; on which day, the said Authority will
either hear them or fix another date for hearing
and then take up Exts.P8 and P11 applications of
theirs; thus leading to appropriate orders
thereon, as expeditiously as is possible, but not
later than two months from the date of receipt of
a copy of this judgment.
Needless to say, if, through the afore
exercise, the Tahsildar is to find that the
transfer of Registry of the properties had not yet
WP(C) NO. 22287 OF 2021
been effected in favour of the petitioners, steps
for the same shall be taken forthwith, thus
culminating in an apposite action thereon, subject
to all statutory criterion and prescriptions being
satisfied, so as to enable the petitioners to
thereafter remit the land tax on the properties.
If, on the contrary, the Tahsildar is to find
that the transfer of Registry of the properties
has already been completed in favour of the
petitioners, then they will be at liberty to
approach the Village Officer for remittance of
land tax, which shall be acceded to without any
delay thereafter.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 22287 OF 2021
APPENDIX OF WP(C) 22287/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO. 599/95
DATED 05.04.1995 EXECUTED IN THE NAME
OF PETITIONERS 1 TO 3.
EXHIBIT P2 TRUE COPY OF THE DOCUMENT NO. 649/95
DATED 12.04.1995 EXECUTED IN THE NAME
OF PETITIONERS 1 TO 3.
EXHIBIT P3 TRUE COPY OF THE DOCUMENT NO.L 650/95
DATED 12.04.1995 EXECUTED IN THE NAME
OF PETITIONERS 1 TO 3.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 19.02.1997
MADE IN SLP (CIVIL), NO. 2139-2141/1997
ISSUED BY THE HON'BLE SUPREME COURT IN
INDIA.
EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 12.01.1999 ISSUED BY THE 3RD
RESPONDENT IN FAVOUR OF PETITIONER
RELATING TOT HE PROPERTIES MENTIONED IN
EXHIBIT P1 TO P3.
EXHIBIT P6 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 12.01.1999 ISSUED BY THE 3RD
RESPONDENT IN FAVOUR OF PETITIONERS
RELATING TO THE PROPERTIES MENTIONED IN
EXHIBIT P1 TO P3.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT MADE IN OP
NO. 13928/1997 DATED 27.06.2005 ISSUED
BY THIS HON'BLE COURT.
EXHIBIT P8 TRUE COPY OF THE REQUEST DATED
20.10.2003 MADE BY THE 1ST PETITIONER'S
WIFE SMT. SUJA ADDRESSED TOT HE 1ST
RESPONDENT.
WP(C) NO. 22287 OF 2021
EXHIBIT P9 TRUE COPY OF THE REPORT DATED
20.10.2003 SUBMITTED BY THE 3RD
RESPONDENT TO THE 1ST RESPONDENT ON
RECEIPT OF EXHIBIT P8.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 03.11.2003
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE APPLICATION DATED
19.07.2021 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 1ST RESPONDENT.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
