Rani vs The Village Officer
2021 Latest Caselaw 22393 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                       WP(C) NO. 24502 OF 2021
PETITIONER:

          RANI, AGED 42 YEARS, W/O.SIMON PHILIP, PALAKUNNEL
          HOUSE, KARUVARAKUND, NILAMBUR, MALAPPURAM DISTRICT.

          BY ADV SUNNY MATHEW



RESPONDENTS:

    1     THE VILLAGE OFFICER, KERALA ESTATE, NILAMBUR P.O.,
          NILAMBUR TALUK, MALAPPURAM DISTRICT - 676 525.

    2     THAHASILDAR (LR), TALUK OFFICE, NILAMBUR P.O.,
          MALAPPURAM DISTRICT - 676 525.

          SMT. SURYA BINOY- SR. G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24502 OF 2021
                               2


                           JUDGMENT

When this matter was called today, the learned counsel

for the petitioner and the learned Senior Government Pleader

were ad idem that the issues involved in this case have been

answered by this Court in several judgments in favour of the

petitioner, including in W.P(C)No.15935 of 2020 and connected

matters.

2. The petitioner seeks that she be allowed to remit land

tax on the property in question; while the respondents refuse it

on the ground that an Estate, of which the extents were earlier

part of, is sought to be now fragmented and that the petitioner

is attempting to convert the nature of the property in violation

of the exemption being enjoyed by it under Section 81 of the

Kerala Land Reforms Act.

3. I have examined the earlier judgments of this Court

and there is no doubt that two different Benches have found

that the issues projected in this writ petition cannot stand in

the way of the respondents allowing the petitioner to remit the

land tax or to seek enjoyment of the property purchased by

them.

WP(C) NO. 24502 OF 2021

4. In the afore circumstances and following the judgment

of this Court in W.P(C)No.15935 of 2020 and connected matters

and W.P(C)No.20675 of 2019 & connected matters, I allow this

writ petition and direct the competent respondent to allow the

petitioner's request for transfer of Registry of the property

concerned and/or for remittance of Land Tax on it, without any

avoidable delay.

Needless to say, I leave full liberty to the competent

Authorities to take any action against the property concerned,

if it is found that any conversion is made thereon in violation of

Section 81 of the Kerala Land Reforms Act or if any other

provisions of law are violated.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 24502 OF 2021

APPENDIX OF WP(C) 24502/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE SALE DEED HAVING NO.1/247/21 ENTERED INTO BETWEEN THE PETITIONER AND THE OWNERS OF THE PROPERTY DATED 20/03/2021.

Exhibit P2 A TRUE COPY OF THE PATTA DATED 02/09/2002, ISSUED TO SRI.POOZHIKUNNAM ABDULLA.

Exhibit P3 A TRUE COPY OF THE RECEIPT DATED 04/03/2021, ISSUED TO SRI.POOZHIKUNNAN ABDULLA BY THE 1ST RESPONDENT.

Exhibit P4 A TRUE COPY OF THE POSSESSION CERTIFICATE OF THE SAID PROPERTY DATED 28/12/2001, ISSUED TO SRI.POOZHIKUNNAN ABDULLA.