Santhosh Mathew vs District Collector
2021 Latest Caselaw 21350 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
       FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                              WP(C) NO. 23655 OF 2021
PETITIONER:

                  SANTHOSH MATHEW,
                  AGED 48 YEARS
                  S/O. E.M. MATHAI, ELASSERIL HOUSE, MARANGATTUPALLY
                  P.O., ANDOOR KARA, ELACKADU VILLAGE, MEENACHIL,
                  KOTTAYAM,
                  REPRESENTED BY POWER OF ATTORNEY HOLDER MRS. ALEYKUTTY
                  MATHEW, AGED 73 YEARS, W/O. E.M. MATHAI, ELASSERIL
                  HOUSE, MARANGATTUPALLY P.O., ANDOOR KARA, ELACKADU
                  VILLAGE, MEENACHIL, KOTTAYAM.

                  BY ADV L.RAJESH NARAYAN



RESPONDENTS:

       1          DISTRICT COLLECTOR,
                  COLLECTORATE, KUYILIMALA, PAINAV P.O., IDUKKI-685603.

       2          THE TAHSILDAR,
                  TALUK OFFICE, PEERMADE, PEERMADE ROAD, AZHUTHA,
                  PEERMADE-685531.

       3          THE VILLAGE OFFICER,
                  VAGAMON VILLAGE, PULLIKKANAM- ELAPPARA ROAD, VAGAMON-
                  685503.

       4          THE SECRETARY,
                  ELAPPARA GRAMA PANCHAYATH, ELAPPARA, IDUKKI-685501.


OTHER PRESENT:

                  SR GP SMT AMMINIKKUTTY


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23655 OF 2021
                                 2

                           JUDGMENT

The petitioner has approached this Court seeking a

direction to the 3rd respondent to permit him to remit the land

tax with respect to the property covered by Ext.P1 Sale Deed

and to issue a Possession Certificate with respect to the same.

2. The petitioner says that even though he has derived

title over the property in question validly and though he was

allowed to remit the land tax with respect to it till the year

2019, he has been denied permission to do so now; and he

contends that this is illegal and unlawful, since the original title

documents with respect to the property in question namely the

Patta in favour of his predecessor-in-interest is still in force

and has never been set aside through a process of law.

3. The petitioner thus prays that 3rd respondent be

directed to allow him to remit the basic tax, as also to issue to

him a Possession Certificate with respect to the said property.

4. In response to the afore submissions of Sri.L.Rajesh

Narayan Iyer, the learned Senior Government Pleader - WP(C) NO. 23655 OF 2021

Sri. Ashwin Sethumadhavan, submitted that there is an

enquiry now initiated against various properties, including the

one claimed by the petitioners; and that genuineness of the

Purchase Certificate relied upon by them is also under a cloud.

He added that the competent respondents are now completing

such proceedings in terms of law and thus prayed that this writ

petition be dismissed.

5. I am afraid that I cannot find favour with the afore

submissions of the learned Senior Government Pleader,

because it is now well settled, without requirement of any

reinstatement, that even if any proceedings are pending

against the property with respect to the Purchase Certificate

covered by it, acceptance of basic tax cannot be inhibited nor

can other ownership and possession certificates be denied.

This is because, until the Purchase Certificate is validly set

aside through a process of law, presumption of genuineness

remains in its favour as per Section 72K of the Kerala Land

Reforms Act; and consequently, the 3rd respondent cannot

deny the reliefs sought for by the petitioner in this writ WP(C) NO. 23655 OF 2021

petition.

For the afore reasons, I order this writ petition and

direct the 3rd respondent to accept the basic tax from the

petitioner with respect to the property covered by his title

documents, as also to issue him a possession certificate as

prayed for. While doing so, I also leave liberty to the third

respondent to make an endorsement on the documents that an

enquiry on the Purchase Certificate relating to the property is

going on and that these certificates are issued subject to its

final outcome.

The third respondent shall comply with the afore

directions as expeditiously as is possible, but not later than

two weeks from the date on which the petitioner approaches

the said Authority with the amount required for remitting the

land tax.

At this time, Sri.Rajesh Narayanan Iyyer - learned

counsel for the petitioner, pleaded out that his client be also

allowed to approach the 4th respondent - Secretary of Elappara WP(C) NO. 23655 OF 2021

Grama Panchayat for numbering of the building constructed in

the property in question; and that said Authority be directed to

do so also at the earliest.

With respect to this plea, I am certain if the petitioner is

able to obtain the tax receipt, he can approach the 4th

respondent appropriately, who will then consider numbering of

the building in terms of law.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 23655 OF 2021

APPENDIX OF WP(C) 23655/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO. 1662/2017/I DATED 17/069/2017.

Exhibit P2 TRUE COPY OF THE PATTA DATED 03/03/1994.

Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 15/06/2019.

Exhibit P4 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 24/04/2012.

Exhibit P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 27/05/2019.

EXHIBIT P6 TRUE COPY OF THE BUILDING PERMIT DATED 03.05.2018

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 10.06.2020

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 09.09.2021

EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 13.09.2021