Kerala High Court
Ali Mohammed @ Ali Haji vs State Of Kerala on 13 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
WP(C) NO. 20566 OF 2020
PETITIONER:
ASIYA UMMA PERINGAT THODIYIL,
AGED 68 YEARS
W/O ALIMUHAMMED @ BAVA,
THAYYIL HOUSE, ALLUR ROAD,
THEKKENKUTTUR,TIRUR TALUK,
MALAPPURAM DISTRICT-676551.
SRI.JAMSHEED HAFIZ
SMT.K.K.NESNA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY,
DEPARTMENT OF LOCAL SELF GOVERNMENT,SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR,
MALAPPURAM,MALAPPURAM DISTRICT
3 THE TAHASILDAR,
TIRUR TALUK,MALAPPURAM DISTRICT-679583.
4 THE VILLAGE OFFICER,
THALAKKAD VILLAGE,THALKKAD VILLAGE
OFFICE,VENGALUR(PO),MALAPPURAM DISTRICT-676109.
SRI. ASWIN SETHUMADHAVAN -SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2021, ALONG WITH WP(C).20603/2020 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20566 OF 2020 & con.cases.
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA,
1943
WP(C) NO. 20603 OF 2020
PETITIONERS:
1 MUHAMMED MUSTHAFA, AGED 42 YEARS
S/O. PARAPPURATH MYTHEENKUTTY HAJI,
THEKKENKUTTUR P.O., TIRUR TALUK, MALAPPURAM
DISTRICT-676 551
2 NOUSHADALI, AGED 36 YEARS
S/O. PARAPPURATH ALI HAJI, THEKKENKUTTUR P.O.,
TIRUR TALUK, MALAPPURAM DISTRICT-676 551
3 MOHAMED NIZAR P., AGED 30 YEARS
S/O. PARAPPURATH MUHAMMED KUTTY, THEKKENKUTTUR
P.O.,
TIRUR TALUK, MALAPPURAM DISTRICT-676 551
SRI.JAMSHEED HAFIZ
SMT.K.K.NESNA
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY,
DEPARTMENT OF LOCAL SELF GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 THE DISTRICT COLLECTOR,
MALAPPURAM, MALAPPURAM DISRICT
3 THE TAHASILDAR,
TIRUR TALUK, MALAPPURAM DISTRICT-679 583
WP(C) NO. 20566 OF 2020 & con.cases.
3
4 THE VILLAGE OFFICER, THALAKKAD VILLAGE,
THALAKKAD VILLAGE OFFICE, VENGALUR (PO),
MALAPPURAM DISTRICT-676 109
SRI. ASWIN SETHUMADHAVAN -SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.09.2021, ALONG WITH WP(C).20566/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 20566 OF 2020 & con.cases.
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA,
1943
WP(C) NO. 20573 OF 2020
PETITIONER:
ALI MOHAMMED @ ALI HAJI,
AGED 63 YEARS
S/O.PARAPPURATH MUYDU, THEKKENKUTTUR, TIRUR
TALUK, MALAPPURAM DISTRICT-676551.
SRI.JAMSHEED HAFIZ
SMT.K.K.NESNA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL
SELF GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR,
MALAPPURAM, MALAPPURAM DISTRICT.
3 THE TAHASILDAR,
TIRUR TALUK, MALAPPURAM DISTRICT-679583.
4 THE VILLAGE OFFICER, THALAKKAD VILLAGE,
THALAKKAD VILLAGE OFFICE, VENGALUR (PO),
MALAPPURAM DISTRICT-676109.
SRI. ASWIN SETHUMADHAVAN -SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.09.2021, ALONG WITH WP(C).20566/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 20566 OF 2020 & con.cases.
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA,
1943
WP(C) NO. 20569 OF 2020
PETITIONER:
ALI MUHAMMED @ BAVA, AGED 71 YEARS, S/O. KUNJI
MAMMAD, THAYYIL HOUSE, ALLUR ROAD,
THEKKENKUTTUR, TIRUR TALUK, MALAPPURAM DISTRICT
- 676 551.
SRI.JAMSHEED HAFIZ
SMT.K.K.NESNA
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY,
DEPARTMENT OF LOCAL SELF GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR, MALAPPURAM
MALAPPURAM DISTRICT.
3 THE TAHASILDAR
TIRUR TALUK, MALAPPURAM DISTRICT - 679 583.
4 THE VILLAGE OFFICER, THALAKKAD VILLAGE,
THALKKAD VILLAGE OFFICE, VENGALUR P.O.,
MALAPPURAM DISTRICT - 676 109.
SRI. ASWIN SETHUMADHAVAN -SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.09.2021, ALONG WITH WP(C).20566/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 20566 OF 2020 & con.cases.
6
JUDGMENT
[WP(C) Nos.20566/2020, 20603/2020, 20573/2020,
20569/2020]
The petitioners in these cases - which have been heard
together on account of the analogous nature of the factual
circumstances in the reliefs sought for - are stated to be
owners of certain extents of land in Thalakkad Village,
Malappuram.
2. According to the petitioners, even though they have
obtained title over the properties claimed by them, on the
strength of valid title documents; and even though the
Transfer of Registry of the same have already been effected in
their name, thus permitting them to remit land tax, when a
request was made by them before the jurisdictional Village
Officer for assignment of "Thandaper" in their favour, it has
been refused, through the impugned orders, saying that, as
per the village records, the properties in question are
classified as Government land.
3. The petitioners assert that the reasons stated by the
Village Officer in the impugned orders are untenable and
unlawful because, as stated above, the Transfer of Registry of
WP(C) NO. 20566 OF 2020 & con.cases.
the properties have already been effected in their favour and
they are remitting land tax. They contend that, therefore,
going by Rule 22 of the Transfer of Registry Rules, 1966, no
further adjudication is possible at this stage; and thus pray
that the impugned orders be set aside and the Village Officer
be directed to assign "Thandaper" with respect to the
properties covered by their title documents, within a time
frame to be fixed by this Court.
4. Sri.Jamsheed Hafiz, learned counsel for the
petitioners, further explains that the predecessor-in-interest
of his clients was a former military man, who obtained the
properties through assignment under the applicable Rules.
He submitted that it is perhaps because the village records
were not properly corrected at that time, that the confusion
has now arisen. He submitted that his clients will be able to
convince the competent Authority of this, if given an
opportunity to explain.
5. In response to the afore submissions of the
petitioners, the learned Senior Government Pleader -
Sri.Aswin Sethumadhavan submitted that the Village Officer
is incapacitated from considering the petitioners' plea on
WP(C) NO. 20566 OF 2020 & con.cases.
account of the fact that they have not produced any document
to show their title over the properties and also because, as
has been recorded in the impugned orders, in the village
records the same have been classified as Government land.
He prayed that, therefore, these writ petitions be dismissed.
6. I am afraid that I cannot accept the afore submissions
of the learned Senior Government Pleader in toto because,
whatever be the reason stated in the impugned orders, the
petitioners assert that the Transfer of Registry with respect to
the properties in question have already been effected in their
name and that land tax has also been permitted to be
remitted. If this is true, then one has to construe that the
competent Authorities have already found that the petitioners
are entitled to the properties in question and, as rightly stated
by the petitioners, going by Rule 22 of the Transfer of
Registry Rules, the Village Officer cannot make a further
enquiry with respect to all these issues at this stage.
7. Similarly, even if the village records show that the
properties involved are classified as Government land, the
fact remains that since the petitioners assert that the Transfer
of its Registry has already been effected in their favour, I fail
WP(C) NO. 20566 OF 2020 & con.cases.
to understand how the said Authority can refuse the
assignment of "Thandaper", since it is only a consequential
action to the earlier processes that have already been
completed
8. In the afore circumstances, I direct the petitioners to
appear before the jurisdictional Village Officer with all their
documents, including proceedings to show the Transfer of
Registry of the respective properties claimed by them in their
favour, as also the tax receipts, at 11 a.m. on 29.09.2021; in
which event, the said Authority will hear them and examine
their documents. Subsequent to this, should the Village
Officer find that the Transfer of Registry has already been
effected and tax has already been permitted to be remitted
with respect to the properties in question, then further action
pursuant to Rule 22 of the Transfer of Registry Rules will be
completed and "Thandaper" assigned as per law.
9. Needless to say, if, through a legal sanctioned enquiry
at any time in future, it is found that the lands in question are
Government lands and that necessary action requires to be
taken against the properties, then the competent Authority
will not be inhibited from doing so merely on account of my
WP(C) NO. 20566 OF 2020 & con.cases.
directions above; and all their rights are left open, provided
they complete it as per law and after affording necessary
opportunities of being heard to the petitioners.
These writ petitions are thus ordered.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 20566 OF 2020 & con.cases.
APPENDIX OF WP(C) 20566/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT
ISSUED BY THE 4TH RESPONDENT DATED
20.9.2019
EXHIBIT P2 THE TRUE COPY OF THE APPLICATION DATED
13.03.2019 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED 20.03.2019
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER.
WP(C) NO. 20566 OF 2020 & con.cases.
APPENDIX OF WP(C) 20603/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED
BY THE 4TH RESPONDENT DATED 16.11.2019
WP(C) NO. 20566 OF 2020 & con.cases.
APPENDIX OF WP(C) 20573/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT
ISSUED BY THE 4TH RESPONDENT DATED
16.11.2019.
WP(C) NO. 20566 OF 2020 & con.cases.
APPENDIX OF WP(C) 20569/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT
ISSUED BY THE 4TH RESPONDENT DATED
20.09.2019.
EXHIBIT P2 THE TRUE COPY OF THE APPLICATION DATED
13.03.2019 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED
20.03.2019 ISSUED BY THE 4TH RESPONDENT
TO THE PETITIONER.
