N.Nagappan vs State Of Kerala
2021 Latest Caselaw 19893 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
       THE HONOURABLE MR.JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 23RD DAY OF SEPTEMBER 2021/1ST ASWINA, 1943
                 W.P.(C)NO.17876 OF 2021


PETITIONER:

      N.NAGAPPAN, AGED 74 YEARS, S/O. NAGAPPA CHETTIAR,
      RESIDING AT NO.1, DAKSHA LAYA, ABHIRAMI NAGAR,
      NAVAVOOR PIRIVU, BHARATHIYAR UNIVERSITY POST,
      COIMBATORE, TAMIL NADU, PIN-641 046.
      REPRESENTED HEREIN BY HIS POWER OF ATTORNEY,
      MR.GEORGE MATHEW, AGED 50, S/O.M.M. MATHEW,
      RESIDING AT MARUTHANAM KUZHI, SOUTH CHITTUR,
      CHITTUR P.O, ERNAKULAM DISTRICT, PIN-682 027.

      BY ADVS.
      SRI.RAJU JOSEPH
      SMT.SINDHU RAVICHANDRAN


RESPONDENTS:

 1    STATE OF KERALA,
      REPRESENTED BY THE REVENUE SECRETARY,
      GOVT. SECRETARIAT, THIRUVANANTHAPURAM,
      PIN-695 001.

 2    THE DISTRICT COLLECTOR,
      2ND FLOOR, CIVIL STATION BUILDING,
      CIVIL STATION ROAD, THIRUVANANTHAPURAM,
      KERALA-695 043.

 3    THASILDHAR, TALUK OFFICE RD,
      NEAR EXCISE OFFICE, FORT, EAST FORT,
      PAZHAVANGADI, THIRUVANANTHAPURAM,
      KERALA 695 023.

 4    THE VILLAGE OFFICER,
      VANCHIYOOR, FORT, EAST FORT, PAZHAVANGADI,
      THIRUVANANTHAPURAM, KERALA-695 023

      SRI. HANIL KUMAR - SPEICAL GOVERNMENT PLEADER

     THIS WRIT PETITION    (CIVIL) HAVING COME UP       FOR
ADMISSION ON 23.09.2021,   THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.17876/2021

                                         2




                                JUDGMENT

The petitioner has approached this Court

seeking a direction to the 3rd respondent-

Tahsildar and 4th respondent-Village Officer to

effect Transfer of Registry of the property

covered by Ext.P2 in his favour and to allow him

to remit the land tax thereon, from the year

2017-2018 respectively.

2. The petitioner says that, the land in

question was originally owned by his grandfather,

who is now no more, and that he is his sole legal

heir. He argues that, as per Section 3(3)d of the

Kerala Land Tax Act, 1961, a legal heir is also

entitled to remit land tax and therefore, prays

that his application before the respondents 3 and

4 as afore be directed to be taken up and

disposed of within a time frame.

W.P.(C)No.17876/2021

3. In response of the afore submissions of

Adv.Raju Joseph, the learned counsel for the

petitioner, the learned Special Government

Pleader - Sri.Hanil Kumar, submitted that if the

petitioner is able to establish that he is the

sole legal heir of the original owner of the

property, then the authorities will take

necessary steps for Transfer of Registry of the

properties covered by Ext.P2 in his favour and

also to permit him to remit land tax thereafter.

He added that, therefore, the petitioner must

produce the death certificate of the original

owner, as also a valid legal heirship

certificate, to establish that he is the sole

legal heir; in which event, the afore can be done

without any delay.

4. On hearing the learned Senior Government

Pleader as afore, the learned counsel for the

petitioner agreed that his client will produce W.P.(C)No.17876/2021

the necessary documents before the 3rd respondent

- Tahsildar.

5. In the afore circumstances, I allow this

writ petition and direct the petitioner to

produce the necessary documents to show that he

is the legal heir of the owner of the property

covered by Ext.P2; and if this is done, the said

respondent will consider the same and issue

appropriate orders relating to his request for

Transfer of Registry of the said property in his

favour.

I make it clear that the 3rd respondent shall

complete the exercise afore ordered within a

period of one month from the date on which the

petitioner approaches him with the requisite

documents.

Needless to say, after the Tahsildar

transfers Registry of the property in the name of

the petitioner, he will be at liberty to approach W.P.(C)No.17876/2021

the 4th respondent - Village Officer, seeking

permission to remit the land tax, which shall be

allowed without any avoidable delay thereafter.

This Writ Petition is thus ordered.

Sd/-

                                 DEVAN RAMACHANDRAN
 ss                                     JUDGE
     W.P.(C)No.17876/2021




                      APPENDIX OF WP(C) 17876/2021

PETITIONER EXHIBITS
Exhibit P1              TRUE COPY OF THE POWER OF ATTORNEY DATED
                        16.8.2021.
Exhibit P2              TRUE COPY OF THE SALE DEED NO. 990/1110, DT.
                        18.3.1110 ME.
Exhibit P3              TRUE COPY OF THE RECEIPT OF THE JENMIKARAM
                        RECEIPT.
Exhibit P4              TRUE COPY OF THE LAND TAX PAID RECEIPT

BEARING NO. 0007243 DATED 24.10.2016. Exhibit P5 TRUE COPY OF THE LAND TAX PAID RECEIPT BEARING NO. 0991481 DATED 4.10.2017. Exhibit P6 TRUE COPY OF THE SCREEN SHOT OF THE WEB PORTAL Exhibit P7 TRUE COPY OF THE RELEVANT PAGE OF THE THANDAPER EXTRACT.

Exhibit P8 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE 5838/21 DATED 23.7.2021.

Exhibit P9 TRUE COPY OF THE APPLICATION DATED 24.7.2021 SUBMITTED TO THE 4TH RESPONDENT.