Kerala High Court
Raihanath vs The Village Officer on 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 19123 OF 2021
PETITIONER:
RAIHANATH
AGED 42 YEARS
D/O MAMMU, CHETTIYAMTHODIKA HOUSE, THARISH P.O.,
NILAMBUR TALUK, KARUVARAKKUND, MALAPPURAM-676 523
BY ADVS.
SHAHIM BIN AZIZ
MOHAMMED SHAFI.K
T.RIYAS
M.I.ANWAR SADATH
C.T.BASHEER
BIBIN BABU
EHLAS HALEEMA C.K.
RESPONDENTS:
1 THE VILLAGE OFFICER
VILLAGE OFFICE, KERALA ESTATE, NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN-676 525.
2 THE TAHSILDAR,
NILAMBUR TALUK, TALUK OFFICE, NILAMBUR, MALAPPURAM
DISTRICT, PIN-679 329.
OTHER PRESENT:
SMT . K AMMINIKUTTY - SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.10.2021, ALONG WITH WP(C).19125/2021, 19130/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)NO.19123/2021&Con.Cases 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 19125 OF 2021
PETITIONER:
FAZIL
AGED 30 YEARS
S/O. MUHAMMED, KARADAN HOUSE, THARISH POST, KERALA
ESTATE VILLAGE, NILAMBUR TALUK, MALAPPURAM
DISTRICT - 676523.
BY ADVS.
SHAHIM BIN AZIZ
MOHAMMED SHAFI.K
C.T.BASHEER
M.I.ANWAR SADATH
T.RIYAS
BIBIN BABU
EHLAS HALEEMA C.K.
RESPONDENTS:
1 THE VILLAGE OFFICER
VILLAGE OFFICE, KERALA ESTATE, NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN - 676525.
2 THE TAHSILDAR
NILAMBUR TALUK, TALUK OFFICE, NILAMBUR, MALAPPURAM
DISTRICT, PIN - 679329.
OTHER PRESENT:
SMT . K AMMINIKUTTY - SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.10.2021, ALONG WITH WP(C).19123/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)NO.19123/2021&Con.Cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 19129 OF 2021
PETITIONER:
FAZIL
AGED 30 YEARS
S/O. MUHAMMAD, KARADAN HOUSE, THARISH POST, KERALA
ESTATE VILLAGE, NILAMBUR TALUK, MALAPPURAM
DISTRICT 676 523
BY ADVS.
SHAHIM BIN AZIZ
MOHAMMED SHAFI.K
C.T.BASHEER
M.I.ANWAR SADATH
T.RIYAS
BIBIN BABU
EHLAS HALEEMA C.K.
RESPONDENTS:
1 THE VILLAGE OFFICER
VILLAGE OFFICE, KERALA ESTATE, NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN 676 525
2 THE TAHSILDAR,
NILAMBUR TALUK, TALUK OFFICE, NILAMBUR, MALAPPURAM
DISTRICT, PIN 679 329.
SMT . K AMMINIKUTTY - SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.10.2021, ALONG WITH WP(C).19123/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)NO.19123/2021&Con.Cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 19130 OF 2021
PETITIONER:
FAZIL,
AGED 30 YEARS
S/O. MUHAMMED, KARADAN HOUSE, THARISH POST, KERALA
ESTATE VILLAGE, NILAMBUR TALUK, MALAPPURAM
DISTRICT-676523.
BY ADVS.
SHAHIM BIN AZIZ
MOHAMMED SHAFI.K
C.T.BASHEER
M.I.ANWAR SADATH
T.RIYAS
BIBIN BABU
EHLAS HALEEMA C.K.
RESPONDENTS:
1 THE VILLAGE OFFICER,
VILLAGE OFFICE, KERALA ESTATE, NILAMBUR TALUK,
MALAPPURAM DISTRICT-676525.
2 THE TAHSILDAR,
NILAMBUR TALUK, TALUK OFFICE, NILAMBUR, MALAPPURAM
DISTRICT-679329.
OTHER PRESENT:
SMT . K AMMINIKUTTY - SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.10.2021, ALONG WITH WP(C).19123/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)NO.19123/2021&Con.Cases 5
JUDGMENT
When these matters were called today, the
learned counsel for the petitioners and the
learned Senior Government Pleader were ad idem
that the issues involved in these cases have been
answered by this Court in several judgments in
favour of the petitioners, including in
W.P(C)No.15935 of 2020 and connected matters.
2. The petitioners seek that they 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 petitioners are 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 these writ petitions cannot stand in
the way of the respondents allowing the
petitioners to remit the land tax or to seek
enjoyment of the property purchased by them.
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 these writ petitions
and direct the competent respondent to allow the
petitioners' 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
MC/6.10
APPENDIX OF WP(C) 19123/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTERED SALE DEED NO
158/2019 OF KARUVARAKKUND S.R.O DATED
28.1.2019
Exhibit P2 TRUE COPY OF TAX RECEIPT OF KERALA,
ESTATE VILLAGE DATED 30.5.2018
Exhibit P3 TRUE COPY OF THE COMMON JUDGMENT DATED
28.6.2021 IN WPC 15935/20 AND CONNECTED
CASES
APPENDIX OF WP(C) 19125/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTERED SALE DEED
NO. 605/2015 OF MELATTUR S.R.O. DATED
7.2.2015.
Exhibit P2 TRUE COPY OF THE COMMON JUDGMENT DATED
28.06.2021 IN WPC 15935/2020 IN
CONNECTED CASE.
APPENDIX OF WP(C) 19129/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTERED SALE DEED NO
605/2015 OF MELATTUR S.R.O
Exhibit P2 TRUE COPY OF THE COMMON JUDGEMENT DATED
28-06-2021 IN WPC 7262/21
APPENDIX OF WP(C) 19130/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTERED SALE DEED
NO.1653/2018 OF KARUVARAKUNDU S.R.O.,
DATED 21/07/2018.
Exhibit P2 TRUE COPY OF THE COMMON JUDGMENT DATED
28/06/2021 IN WPC 15935/2020 IN
CONNECTED CASES.
