Maria Construction Needs vs Mr.Ratheesh
2021 Latest Caselaw 23659 Ker

CON.CASE(C) NO. 1813 OF 2021       1



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                   CON.CASE(C) NO. 1813 OF 2021


AGAINST THE JUDGMENT IN WP(C) 15263/2020 DATED 02.11.2020 OF HIGH
                         COURT OF KERALA


PETITIONER/PETITIONER IN W.P.(C) 15263 OF 2020:



          MARIA CONSTRUCTION NEEDS
          VAZHAMALA, NARIKKOTTUMALA P.O.,
          REPRESENTED BY ITS MANAGING PARTNER,
          SRI.M.P.ABDULLA, AGED 64, S/O.KUNHIMOOSA,
          NARIKKOTTUMALA (PO), THALASSERY TALUK,
          KANNUR DISTRICT, PIN-670693.

          BY ADVS.
          M.I.JOHNSON
          P.K.MINIMOLE
          BAPPU GALIB SALAM
          MUHAMMED ASHIQUE



RESPONDENTS/RESPONDENTS NO.1 TO 3 IN W.P.(C) 15263 OF 2020 :

    1     MR.RATHEESH
          (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER),
          THE VILLAGE OFFICER, THRIPPANGOTTOOR VILLAGE OFFICE,
          THALASSERY TALUK, KANNUR DISTRICT, PIN-670693.



    2     MR.SREEKALA,
          (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER),
          THE TAHSILDAR, THALASSERY TALUK OFFICE, THALASSERY
          P.O., KANNUR DISTRICT, PIN-670101.
 CON.CASE(C) NO. 1813 OF 2021            2

    3        MR.S.CHANDRASEKAR,
             (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)
             THE DISTRICT COLLECTOR, KANNUR, COLLECTORATE,
             KANNUR P.O., PIN-670002.

             BY SRI. BIJOY CHANDRAN, SR.GOVERNMENT PLEADER




     THIS    CONTEMPT   OF   COURT   CASE   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C) NO. 1813 OF 2021                     3



                                       JUDGMENT

While disposing of W.P(C) No.15263 of 2020, this Court, taking note of the

directions issued by a learned Single Judge of this Court in judgment dated

6.6.2019 in W.P.(C) No.9556/2019 had ordered the respondents to issue the

certificates sought for and receive land tax within a time frame. It was further

ordered that the petitioner, being the person in possession, shall be entitled to the

certificates until the land is ordered to be surrendered.

2. A counter affidavit has been filed by the 2nd respondent and in

paragraph Nos. 5 and 6, it is stated as follows:

" 5. The Taluk Land Board after conducting due enquiry came to a conclusion

that the land was included in the ceiling proceedings No.TLB/1206/73/Tly

dated 21.10.1994. The Chairman of the Taluk Land Board thereafter informed

the Tahsildar that the 7E claim of the petitioner has already been rejected and

further direction to take possession of the land. A true copy of the

communication issued by the Chairman of Taluk Land Board dated 10.12.2020

is produced herewith and marked as Annexure R2(b).

6. It is submitted that the respondent is the Tahsildar (LR) and the

headquarters Tahsildar is the competent authority for taking possession of

land. The headquarters Tahsilar taken possession the land after preparing a

mahazar on 22.12.2020. A true copy of the mahazar dated 22.12.2020 is

produced herewith as Annexure R2(c). It is submitted that since the property

comprised in survey No.275/1A having an extent of 0.9106 hectros has been

taken possession from the declarant in M/s Pothen Joseph & Sons and the

land has become Government Property, the land tax from the petitioner

cannot be accepted. "

3. In the affidavit, it is stated that the property has been taken possession of

on 22.12.2020 as per Annexure-R2(c) mahazar and in that view of the matter, the

petitioner cannot insist that the land tax be accepted from him.

4. In view of the stand taken by the respondents, I am of the view that no

case for contempt is made out. If the petitioner is in any way aggrieved by the

proceedings initiated by the respondents, it is for the petitioner to challenge the

same by initiating appropriate proceedings. Reserving such right, this Contempt

Case (C) is closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

NS

APPENDIX OF CON.CASE(C) 1813/2021

PETITIONER(S) ANNEXURES :

ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 02.11.2020 PASSED BY THIS HON'BLE COURT IN W.P(C)NO.15263/2020.

ANNEXURE A2 THE TRUE COPY OF THE COMMUNICATION DATED 01.12.2020 ISSUED BY THE TAHSILDAR TO THE DISTRICT COLLECTOR.

ANNEXURE A3 THE TRUE COPY OF THE LETTER SUBMITTED TO THE VILLAGE OFFICER, THRIPPANGOTTOOR VILLAGE OFFICE, KALIKANDY, DATED 07.12.2020.

ANNEXURE A4 THE TRUE COPY OF THE LETTER SUBMITTED TO THE TAHSILDAR, THALASSERY TALUK OFFICE, THALASSERY P.O., DATED 07.12.2020.

ANNEXURE A5 THE TRUE COPY OF THE LETTER SUBMITTED TO THE DISTRICT COLLECTOR, KANNUR, COLLECTORATE, KANNUR, DATED 07.12.2020.

RESPONDENT(S) ANNEXURES :

ANNEXURE R2(a) A TRUE COPY OF THE ORDER DATED 04.07.2014 IN O.A.NO.749/2015.

ANNEXURE R2(b) A TRUE COPY OF THE COMMUNICATION ISSUED BY THE CHAIRMAN OF TALUK LAND BOARD DATED 10.12.2020.

ANNEXURE R2(c) A TRUE COPY OF THE MAHAZAR DATED 22.12.2020.