Abdul Salam vs The District Collector
2022 Latest Caselaw 11893 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
 WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
                       WP(C) NO. 32106 OF 2022
PETITIONER:

          ABDUL SALAM
          AGED 57 YEARS
          SON OF LATE ABUSHAHUMAN PILLA,
          PEDIYETTUVILAKAM,
          THEKKUMBHAGAM MURI,
          KAZHAKUTTAM,
          THIRUVANANTHAPURAM TALUK,
          THIRUVANANTHAPURAM DISTRICT. PIN - 695 022

          BY ADV J.JAYAKUMAR
RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          THIRUVANANTHAPURAM, COLLECTORATE,
          2ND FLOOR, CIVIL STATION
          BUILDING, KUDAPPANAKKUNNU,
          THIRUVANANTHAPURAM., PIN - 695 043

    2     THE TAHSILDAR,
          TALUK OFFICE, THIRUVANANTHAPURAM TALUK,
          EAST FORT, PAZHAVANGADI,
          THIRUVANANTHAPURAM., PIN - 695 023

    3     THE VILLAGE OFFICER,
          KAZHAKUTTAM VILLAGE OFFICE,
          KAZHAKUTTAM, THIRUVANANTHAPURAM., PIN - 695 022


          SRI. BIMAL K. NATH, SR.GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 32106 OF 2022
                                      2


                            T.R.RAVI, J.
                     ----------------------------------------
                       WP (C) No.32106 of 2022
                    -------------------------------------------
             Dated this the 21st day of December, 2022

                            JUDGMENT

Admit. Government Pleader takes notice for respondents.

2. The prayer in the writ petition is for a direction to the

respondents 1 and 2 to accept land tax from the petitioner with

respect to the property covered by Ext.P1 settlement deed.

Ext.P5 is the representation preferred by the petitioner before

the 1st respondent. It is submitted that the tax was being

accepted till 2016 in the joint name of the petitioner and his

mother. The petitioner's mother expired on 04.11.2016 and

thus the property has become the petitioner's property.

3. Having gone through the documents produced along

with the writ petition and having heard the counsel for the

petitioner and the Government Pleader, this writ petition is

disposed of directing the 1st and 2nd respondents to carry out

mutation in the name of the petitioner based on Ext.P1

settlement deed and accept tax from the petitioner. It is made

clear that the above direction is only for the purpose of WP(C) NO. 32106 OF 2022

acceptance of land tax and mutation, which are purely fiscal in

nature and will not amount to a declaration of title by this

Court with regard to the properties. Necessary orders shall be

issued within one month from the date of receipt of a copy of

this judgment.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 32106 OF 2022

APPENDIX OF WP(C) 32106/2022

PETITIONER'S EXHIBITS

Exhibit P-1 TRUE COPY OF THE SETTLEMENT DEED NO. 43/1975 OF SRO., KAZHAKKUTTOM.

Exhibit P-2 TRUE COPY OF THE SAID SETTLEMENT DEED NO.

73/1976 OF SRO., KAZHAKKUTTOM .

Exhibit P-3 TRUE COPY OF THE TAX RECEIPT DATED 20/12/2014 ISSUED BY THE 3RD RESPONDENT .

Exhibit P-4 TRUE COPY OF THE TAX RECEIPT DATED 26/10/2016 ISSUED BY THE 3RD RESPONDENT .

Exhibit P-5 TRUE COPY OF THE REPRESENTATION DATED 4.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT .

RESPONDENT'S EXHIBITS     :   NIL




                //TRUE COPY//             PA TO JUDGE