Anas V H vs State Of Kerala
2022 Latest Caselaw 11900 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. 38450 OF 2022
PETITIONERS:

    1     ANAS V H
          AGED 33 YEARS
          S/O. HASAINAR,
          VATHIMATTOM HOUSE, VENGOLA P.O.,
          ARAKKAPPADY VILLAGE,
          KUNNATHUNADU TALUK, ERNAKULAM DISTRICT,, PIN - 683556

    2     JAMEELA HASAINAR
          AGED 57 YEARS
          W/O. HASAINAR,
          VATHIMATTOM HOUSE, VENGOLA P.0.,
          ARAKKAPPADY VILLAGE,
          KUNNATHUNADU TALUK, ERNAKULAM DISTRICT,, PIN - 683556

          BY ADVS.
          ALBIN A. JOSEPH
          SUSANTH SHAJI
          PAILO RAJU OLICKAL



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY,
          DEPARTMENT OF REVENUE,
          SECRETARIAT, THIRUVANANTHAPURAM DISTRICT,
          PIN - 695001

    2     TAHSILDAR, KUNNATHUNADU TALUK
          TALUK OFFICE, KUNNATHUNADU,
          POOPPANI ROAD, PERUMBAVOOR,
          ERNAKULAM DISTRICT, PIN - 683543

    3     THE TAHASILDAR (LR)
          KUNNATHUNADU TALUK,
          TALUK OFFICE, KUNNATHUNADU,
          POOPPANI ROAD, PERUMBAVOOR,
          ERNAKULAM DISTRICT, PIN - 683543
 WP(C) NO. 38450 OF 2022           2

     4       THE VILLAGE OFFICER
             ARAKKAPPADY VILLAGE OFFICE,
             ARAKKAPPADY , VENGOLA
             ERNAKULAM DISTRICT, PIN - 683556

             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. 38450 OF 2022             3


                            T.R. RAVI, J.
             --------------------------------------------
                     W.P.(C).No.38450 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

respondents 2 to 4 or the concerned among them to conduct an

enquiry and pass appropriate orders on Ext.P8 and pass orders

incorporating the name of the petitioners into the basic tax register

pertaining to the property covered by Exts.P2 and P3 sale deed in the

place of their predecessor Sri.Hasainar. The 1 st petitioner is the son of

Sri.Hasainar and is a person who is 55% blind. The 2 nd petitioner is

the wife of Sri.Hasainar. It is stated that Sri.Hasainar is not heard of

for the past 30 years and none of the persons who ought to have

heard about him, have heard about him for the last more than 30

years. Exts.P4 is the report of the Village Officer wherein it is stated

that Sri.Hasainar has left the place 20 years back. Ext.P4 is of the

year 2013. The report further says that on enquires with the

neighbours and the locals, it is known that Sri.Hasainar has not

returned till date and that the legal representatives of Sri.Hasainar

are his wife, son and his mother. It can be seen from Ext.P7 that the

mother is no more and only other legal representatives are Jameela

and Anas. Section 108 of the Indian Evidence Act, 1872 creates a

presumption about the fact whether a man is alive or dead, if it is

proved that a person is not heard for 7 years by those who would

naturally have heard of if he had been alive. Burden of proving that

he is alive is on the person who affirms it. As at present, there is

nobody to affirm that Sri.Hasainar was alive and the persons who

would have naturally heard of him are the petitioners herein.

In the above circumstances, there will be a direction to the

respondents 2 to 4 to take up Ext.P8 and pass orders keeping in mind

the above facts and after hearing the petitioners at the earliest, at

any rate, within one month from the date of receipt of a copy of this

judgment.

The writ petition is disposed of.

Sd/-

T.R.RAVI JUDGE

LEK

APPENDIX OF WP(C) 38450/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOSTAT COPY OF CERTIFICATE ISSUED BY THE TALUK MEDICAL BOARD DATED 20.01.2016

Exhibit P2 TRUE PHOTOSTAT COPY OF THE SALE DEED NO 5086/1984 OF SRO PERUMBAVOOR

Exhibit P3 TRUE PHOTOSTAT COPY OF THE SALE DEED NO.

1999/1984 OF SRO PERUMBAVOOR

Exhibit P4 TRUE PHOTOSTAT COPY OF THE REPORT ISSUED BY THE VILLAGE OFFICER KUNNATHUNADU VILLAGE TO THE TALUK OFFICE DATED 27.02.13

Exhibit P5 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT DATED 01.07.2015 IN RESPECT OF THE PROPERTY NO.1 FOR THE YEAR2015-16 ISSUED BY THE VILLAGE OFFICER, ARAKKAPPADY VILLAGE

Exhibit P6 TRUE PHOTOSTAT COPY OF THE BASIC TAX RECEIPT DATED 01.07.2015 IN RESPECT O THE YEAR 2015-16 ISSUED BY THE VILLAGE OFFICER, ARAKKAPPADY VILLAGE

Exhibit P7 THE PHOTOSTAT COPY OF THE DEATH CERTIFICATE ISSUED BY THE VENGOLA GRAMA PANCHAYATH DATED 29.08.2022

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 03.10.2022 SUBMITTED BEFORE THE

Exhibit P9 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 2ND RESPONDENT DATED 12.10.2022

Exhibit P10 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 3RD RESPONDENT DATED 12.10.2022

Exhibit P11 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 3.10.2022 SIGNED BY THE 4TH RESPONDENT SHOWING THE RECEIPT OF THE SAME ON HIM DATED 10.10.2022.