Kerala High Court
Kokulnath K.K.S vs District Collector on 9 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
WP(C) NO. 1568 OF 2021
PETITIONERS:
1 KOKULNATH K.K.S, AGED 41 YEARS
S/O.SHANMUKHAVEL, NEW NO.19, OLD NO.82,
SNR NAGAR, DHALI ROAD, UDUMALPET, TAMILNADU.
2 ARCHANA KAMAL, AGED 37 YEARS
D/O.K.A.KAMALASANAN, NEW NO.19, OLD NO.82,
SNR NAGAR, DHALI ROAD, UDUMALPET, TAMILNADU.
BY ADV L.RAJESH NARAYAN IYER
RESPONDENTS:
1 DISTRICT COLLECTOR, COLLECTORATE, COLLECTORATE,
KUYILIMALA, PAINAV P.O., IDUKKI-685603.
2 TAHSILDAR, TALUK OFFICE, PEERMADE, PEERMADE RD,
AZHUTHA, PEERMADE-685531.
3 VILLAGE OFFICER, VAGAMON VILLAGE,
PULLIKKANAM-ELAPPARA ROAD, VAGAMON-685503.
4 SECRETARY, ELAPPARA GRAMA PANCHAYATH, ELAPPARA,
IDUKKI-685501.
BY ADVS.
SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
SRI.PIOUS MATHEW
SRI.ROY JOSEPH
SMT.ANIES MATHEW
SRI.E.HARIDAS
SMT.K.AMMINIKKUTTY - SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 1568/21
2
JUDGMENT
When this matter was called today,
Sri.L.Rajesh Narayan Iyer - learned counsel for
the petitioners and Sri.Aswin Sethumadhavan -
learned Senior Government Pleader, were ad idem
that this Court has already considered issues
similar to the ones urged in this Writ Petition
and has found in favour of the petitioner therein,
in the judgment in W.P(C)No.14938/2021.
2. However, Sri.L.Rajesh Narayan Iyer
submitted that there is a small factual difference
in this case, when compared to the facts noticed
in the afore Writ Petition, namely that the
purchase certificate involved herein is not
included in the list of ones over which an enquiry
is being conducted by the competent Authority.
3. I have examined the judgment
aforementioned and am convinced that the factual
circumstances pleaded in this Writ Petition are at
WPC 1568/21
par with those which were noticed by this Court in
W.P(C)No.14938/2021.
4. I am, therefore, of the firm view that the
petitioners herein must also obtain the same
reliefs as has been granted to the petitioner in
W.P(C)No.14938/2021, pertinently when they contend
that the purchase certificate relating to their
property is not subjected to investigation now.
In the afore circumstances, I allow this Writ
Petition and direct the 3rd respondent-Village
Officer to permit the petitioners to remit the
basic tax of the property and to further issue
possession certificate with respect to the same
which is comprised of 5.17 Ares in Sy No.724 of
Vagamon Village, which is covered by Ext.P1, as
expeditiously as is possible, but not later than
two weeks from the date of receipt of a copy of
this judgment; with a consequential direction to
the 4th respondent-Secretary of the Grama
Panchayath to consider the petitioners' request
WPC 1568/21
for building permit without any avoidable delay
once they produce the tax receipt and possession
certificate before him.
Needless to say, the afore directions cannot
be construed by the petitioners or anyone else
that the rights of the competent Authority to
proceed against the purchase certificate relating
to the property in question - if it becomes so
warranted in future - has, in any manner, been
impeded; and I make it clear that all such rights
are left open to be decided for the said Authority
in terms of law, however, following due procedure.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 1568/21
APPENDIX OF WP(C) 1568/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED
NO.3049/2017/I DATED 22.11.2017.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE
PATTA NO.501/92.
EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 20.11.2019.
EXHIBIT P4 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 18.06.2020.
EXHIBIT P5 TRUE COPY OF THE NOTICE NO.A5-10564/19
DATED 28.01.2020.
EXHIBIT P6 TRUE COPY OF THE ORDER NO.A5-10564/19
DATED 28.1.2020.
EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED
19.06.2020.
EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED
10.06.2020.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED
31.01.2020 IN WPC NO.27740/2019.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED
21.08.2020 IN WPC NO.14768/2020.
