Kerala High Court
Viswa Niryat Private Ltd vs The Village Officer on 1 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
WP(C) NO. 9609 OF 2012
PETITIONER:
VISWA NIRYAT PRIVATE LTD.
AGED 31 YEARS
KARUVELIPPADY, THOPPUMPADY, KOCHI-4, REPRESENTED BY ITS
MANAGER BINULAL.
BY ADV SRI.R.RAMADAS
RESPONDENT:
THE VILLAGE OFFICER
THOPPUMPADY VILLAGE, THOPPUMPADY, ERNAKULAM DISTRICT,
KOCHI-4.
BY ADV.SRI RAJEEV JYOTHISH GEORGE- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9609 OF 2012
2
JUDGMENT
The petitioner has approached this Court seeking a direction
to the respondent to accept the land tax with respect to his
property comprised of 31 Ares 88 cents in various Survey
Numbers of Thoppumady Village in Kochi, without insisting on
production of the original title deeds. The petitioner says that the
original title deeds are in the custody of a Nationalised Bank as
security for a loan which has been availed; and therefore, that the
respondent is unjustified in asking the same to be produced
before him.
2. When this matter was called today, Sri.R.Ramdas -
learned counsel for the petitioner, submitted that, pending this lis,
out of the total extent of 31.88 Ares, the respondent has permitted
remittance of tax with respect to 22.13 Ares and that he is not
aware as to why the tax with respect to the balance property has
not been permitted to be remitted. He, therefore, prayed that this
writ petition be allowed, directing the respondent to accept the tax
for the balance extent also. Alternatively, Sri.R.Ramdas submitted
WP(C) NO. 9609 OF 2012
that if the respondent still insists that his client produce the title
documents, then he will obtain certified copies of the same from
the Sub Registrar's Office and prayed that the respondent be
directed not to insist on the originals.
3. In response, the learned Government Pleader -
Sri.Rajeev Jyothish George, submitted that no fault can be
attributed to the respondent in refusing to accept the land tax from
the petitioner because, unless the original documents are
produced, his title to the same cannot be verified. He, therefore,
prayed that this writ petition be dismissed.
4. When I consider the afore submissions, it is ineluctable
that, as per the petitioner, during the pendency of this case, the
respondent has permitted remittance of the land tax with respect
to 22.13 Ares, even without the production of original tittle
documents. Therefore, I fail to understand why the respondent is
refusing remittance of tax with respect to the balance property and
cannot find any reason for him to do so, merely because the
original title documents have not been produced.
WP(C) NO. 9609 OF 2012
In the afore circumstances, I order this writ petition and
permit the petitioner to approach the respondent for permission to
pay the land tax with respect to the balance extent of 31.88 Ares;
and if, for any reason, said Authority insists on production of his
title documents, then the petitioner will obtain certified copies of
the same from the Registrar's office and produce it before him,
who will thereupon verify the same and then accept the land tax
with respect to the total extent in terms of law.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS/01/09/2021
WP(C) NO. 9609 OF 2012
APPENDIX OF WP(C) 9609/2012
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 15.06.1992 IN
RESPECT OF SY.NO.1025 OF THOPPUMPADY VILLAGE
Exhibit P1(A) TRUE COPY OF THE TAX RECEIPT DATED 15.06.1992 IN
RESPECT OF SY.NO.1026 OF THOPPUMPADY VILLAGE.
Exhibit P1(B) TRUE COPY OF THE TAX RECEIPT DATED 15.06.1992 IN
RESPECT OF SY.NO.1027/1,1031/1 AND 2254 OF
THOPPUMPADY VILLAGE.
Exhibit P1(C) TRUE COPY OF THE TAX RECEIPT DATED 03.12.1993 IN
RESPECT OF SY.NO.1025 OF THOPPUMPADY VILLAGE.
Exhibit P1(D) TRUE COPY OF THE TAX RECEIPT DATED 03.12.1993 IN
RESPECT OF SY.NO.1026 OF THOPPUMPADY VILLAGE.
Exhibit P1(E) TRUE COPY OF THE TAX RECEIPT DATED 03.12.1993 IN
RESPECT OF SY.NO.1027/1, 1031/1 AND 2245 OF
THOPPUMPADY VILLAGE.
Exhibit P1(F) TRUE COPY OF THE TAX RECEIPT DATED 01.12.1994 IN
RESPECT OF SY.NO.1025 OF THOPPUMPADY VILLAGE.
Exhibit P1(G) TRUE COPY OF THE TAX RECEIPT DATED 01.12.1994 IN
RESPECT OF SY.NO.1026 OF THOPPUMPADY VILLAGE.
Exhibit P1(H) TRUE COPY OF THE TAX RECEIPT DATED 01.12.1994 IN
RESPECT OF SY.NOS.1027/1, 1031/1 AND 2245 OF
THOPPUMPADY VILLAGE.
Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 20.12.2011
SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 16.02.2012
BEFORE THE RESPONDENT REQUESTING TO ACCEPT LAND
TAX IN RESPECT OF THE PETITIONER'S PROPERTY.
