Kerala High Court
Peter E.I vs The Village Officer on 29 October, 2021
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. 12397 OF 2020
PETITIONER:
PETER E.I, AGED 63 YEARS,
S/O.IGNATIOUS, EDAKKATTU HOUSE, KUMBALANGI NORTH,
KOCHI-682007.
BY ADV S.SUJIN
RESPONDENTS:
1 THE VILLAGE OFFICER,
KUMBALANGI, VILLAGE OFFICE, KOCHI, PIN-682007.
2 THE TAHSILDAR,
TALUK OFFICE, FORT KOCHI, KOCHI, PIN-682001.
3 THE SUB REGISTRAR,
OFFICE OF THE SUB REGISTRAR, MATTANCHERRY,
KOCHI, PIN-682002.
4 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
BY ADV.SRI.ASHWIN SETHUMADHAVAN - SR.GP
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. 12397 OF 2020
-2-
JUDGMENT
The petitioner submits that when he approached
the 1st respondent - Village Officer, to remit land
tax with respect to the property owned by him, he
was asked to first apply for and obtain an
encumbrance certificate with respect to it. He
says that he consequently approached the 3rd
respondent - Sub Registrar for the said
certificate; but that no action has been taken
thereon until now and that this is now causing him
irreparable prejudice, because he is being
incapacitated from remitting land tax on his own
property.
2. However, the learned Senior Government
Pleader - Sri.Ashwin Sethumadhavan, submitted that
a statement has been filed on record on behalf of
the 1st respondent, wherein, it has been shown that
only a portion of the petitioner's property has
WP(C) NO. 12397 OF 2020
been assessed to tax; while the Transfer of
Registry of the others have not yet been effected
in his name.
3. The learned Senior Government Pleader
submitted that it is only to help the petitioner
that the 1st respondent requested him to obtain an
encumbrance certificate from the 3rd respondent. He
added that once the said certificate is obtained,
all requisite action for allowing the petitioner
to remit land tax, after effecting the Transfer of
Registry of the property in question in his
favour, will be completed.
4. It is luculent from the afore submissions
of the learned Senior Government Pleader that the
petitioner's request for remittance of land tax
has not yet been rejected; but he has only been
asked to obtain an encumbrance certificate from
the 3rd respondent, for which, he says that he has
already been made an application. However, since
WP(C) NO. 12397 OF 2020
the said application is not on record, I am of the
firm view that petitioner must be directed to
approach the 3rd respondent with a fresh
application, so that he can then be directed to be
disposed of it without any delay.
Resultantly, I order this writ petition and
permit the petitioner to approach the 3rd
respondent with an application for issuance of
encumbrance certificate of the property covered by
his title documents; and if this is done within a
period of two weeks from the date of receipt of a
copy of this judgment, said Authority shall
consider the same and issue the said certificate
as expeditiously as is possible, but not later
than one week thereafter.
On the petitioner obtaining the encumbrance
certificate as afore, he will be at liberty to
approach the 1st respondent, who shall thereupon
consider his request for Transfer of Registry of
WP(C) NO. 12397 OF 2020
the extents which have not yet been given the said
benefit, and to remit the land tax on all his
property covered by the title documents, without
any avoidable delay, but not later than two weeks
thereafter.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 12397 OF 2020
APPENDIX OF WP(C) 12397/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RECEIPT FOR BASIC TAX
ISSUED BY THE SPECIAL VILLAGE OFFICER,
DATED 17.06.2019
EXHIBIT P2 TRUE COPY OF THE RECEIPT FOR BASIC TAX
ISSUED BY THE SPECIAL VILLAGE OFFICER,
DATED 23.09.2019.
EXHIBIT P3 TRUE COPY OF THE RECEIPT FOR BASIC TAX
ISSUED BY THE SPECIAL VILLAGE OFFICER,
DATED 23.09.2019.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
