Noufal vs The Village Officer
2021 Latest Caselaw 20324 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                       WP(C) NO. 19020 OF 2021
PETITIONER:

          NOUFAL, AGED 28 YEARS, S/O. MUHAMMED,
          KOTTUPURATH HOUSE, KERALA ESTATE POST,
          ALIKKOD, KERALA ESTATE VILLAGE,
          NILAMBUR TALUK, MALAPPURAM DISTRICT - 676 525.

          BY ADVS.SHAHIM BIN AZIZ
          MOHAMMED SHAFI.K
          T.RIYAS
          BIBIN BABU
          C.T.BASHEER
          M.I.ANWAR SADATH
          EHLAS HALEEMA C.K.


RESPONDENTS:

    1     THE VILLAGE OFFICER,
          VILLAGE OFFICE, KERALA ESTATE, NILAMBUR TALUK,
          MALAPPURAM DISTRICT, PIN-676 525.

    2     THE TAHSILDAR,
          NILAMBUR TALUK, TALUK OFFICE, NILAMBUR,
          MALAPPURAM DISTRICT, PIN-679 329.

          SRI.ASHWIN SETHUMADHAVAN - SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19020 OF 2021
                             -2-

                          JUDGMENT

The petitioner alleges that respondents are

refusing to effect the Transfer of Registry of the

property, covered by Ext.P1 Sale Deed, in his

favour or to accept land tax from him. He says

that this is contrary to law and in violation of

the specific directions in Ext.P2 judgment, dated

28.06.2021, in W.P.(C)No.15935 of 2020 and

connected cases, of this Court.

2. The learned Senior Government Pleader -

Sri.Ashwin Sethumadhavan, affirmed that the issues

projected in this case have already been answered

by this Court in favour of the petitioner through

various judgments, including Ext.P2. He, however,

prayed that liberty may be reserved to the

competent Authority to take necessary action on

the property, if any conversion of the same is

noticed or attempted by the petitioner or any WP(C) NO. 19020 OF 2021

other person, in future.

3. I have examined Ext.P2 judgment and am

also of the firm opinion that the issues impelled

by the petitioner in this case are covered in his

favour in the said judgment.

Resultantly, I allow this writ petition and

direct the 2nd respondent - Tahsildar, to

immediately consider the petitioner's application

for Transfer of Registry of the property covered

by Ext.P1 Sale Deed. This shall be done, if there

are no other legal impediments dehors the

allegation that the "Kerala Estate" Property has

been fragmented.

On the Tahsildar making such orders, the

petitioner will be at liberty to approach the 1 st

respondent - Village Officer, who shall thereupon

allow him to remit the land tax on the property

without any avoidable delay.

WP(C) NO. 19020 OF 2021

Needless to say, all liberties to the

competent Authorities, under the various Statutes,

are reserved, if it is found that the property in

question is illegally converted or used for any

other purpose, which is prohibited under the

Kerala Land Reforms Act and such other Statutes.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 19020 OF 2021

APPENDIX OF WP(C) 19020/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REGISTERED SALE DEED NO. 675/2017 OF KARUVARAKKUND S.R.O

EXHIBIT P2 TRUE COPY OF THE COMMON JUDGEMENT DATED 28-06-2021

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE