K.M. James vs Tahsildar
2022 Latest Caselaw 1472 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943
                             WP(C) NO. 2372 OF 2022


PETITIONER:

              K.M. JAMES, DIRECTOR, CHRIST BHAVAN RETREAT CENTRE,
              SCHOOLMUTTAM, PUTHUVYPPU P.O., KOCHI - 682 508,
              RESIDING AT KALLIYATTIL HOUSE, SCHOOLMUTTAM,
              PUTHUVYPPU P.O., KOCHI - 682 508.

              BY ADVS.
              V.VARGHESE
              L.ANNAPOORNA


RESPONDENTS:

     1        TAHSILDAR, LAND RECORDS, TALUK OFFICE, KOCHI,
              ERNAKULAM DISTRICT, PIN - 682 011.

     2        VILLAGE OFFICER, PUTHUVYPPU VILLAGE,
              PUTHUVYPPU P.O., ERNAKULAM DISTRICT - 682 508.


              SMT. MABLE .C .KURIAN SR.G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 2372/22
                                       2



                             JUDGMENT

The petitioner, who is stated to be the Director of a

'Religious Entity', has approached this Court seeking that further

action pursuant to Ext.P9 communication of the 1 st respondent -

Tahsildar to the 2nd respondent - Village Officer, be directed to be

completed without any further delay.

2. The petitioner says that even though the property

involved in this case is exclusively owned and possessed by the

'Religious Entity' he represents, no action has been taken on the

application for transfer of its Registry in their favour and for

remittance of Land Tax thereon, though the said application has

been forwarded by the Tahsildar to the Village Officer, as is

evident from Ext.P9. He, therefore, prays that action pursuant to

Ext.P9 be directed to be finalised within a time frame to be fixed

by this Court.

3. The afore request made on behalf of the petitioner by WPC 2372/22

his learned counsel - Sri.V.Varghese, were answered by the

learned Senior Government Pleader - Smt.Mable C. Kurian, saying

though she does not have specific instructions as to why the

request of the petitioner has not been acceded to yet; but that the

files disclose that there is an enquiry with respect to the 'Patta'

relating to the property issued in favour of the predecessor-in-

interest of the petitioner. She submitted that the suspicion is that

the 'Patta' in question is a forged one and that, therefore, it is

only after the enquiry is completed, can the request of the

petitioner be considered.

4. Even when I hear the learned Senior Government

Pleader as afore, the law is now well settled that merely because

there is an enquiry with respect to the title document or 'Patta' in

question, it will not impede necessary action with respect to the

ownership rights of the registered owner on the property being

taken forward and completed. Of course, if there is any such

enquiry, the necessary proceedings - including certificates - can WPC 2372/22

contain an endorsement regarding the same, provided it is

completed within a time frame.

In the afore circumstances, I order this Writ Petition with the

following directions:

a) The 2nd respondent - Village Officer will complete the

proceedings pursuant to Ext.P9, after affording an opportunity of

being heard to the petitioner; thus culminating in an appropriate

order and necessary action thereon, as expeditiously as is possible,

but not later than one month from the date of receipt of a copy of

this judgment.

b) If the Village Officer is to find that there is any valid

enquiry pending as regards the original 'Patta' with respect to the

property in question, then the details of the same can be endorsed

on the Revenue Records, as also the Tax Receipt appropriately.

c) I make it clear that the afore endorsement can be made

only if there is a pending enquiry; and if so, it shall be completed

by the competent Authority within a period of eight months from WPC 2372/22

the date on which the said endorsement is made.

d) In the event the aforementioned enquiry is not

completed within the afore period of eight months, the Village

Officer will be obligated to erase the endorsement from the

Revenue Records and Tax Receipt and to either issue a fresh one

or reissue the same.

Sd/-

RR                                         DEVAN RAMACHANDRAN
                                                   JUDGE
 WPC 2372/22


                 APPENDIX OF WP(C) 2372/2022

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE LAND TAX RECEIPT

NO.4174434 DATED 18/12/2009 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF REPRESENTATION DATED 14/01/2021 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

Exhibit P3 TRUE COPY OF THE LETTER NO.48/21 DATED 25/01/2021 OF THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE LETTER NO.S1-2365/21 DATED 13/02/2021 OF THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE NOTICE NO.S7-4120/20 DATED 28/04/2021 OF THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF THE LETTER DATED 15/05/2021 OF THE PETITIONER BEFORE THE 1ST RESPONDENT WITHOUT ITS ENCLOSURES.

Exhibit P7 TRUE COPY OF THE LETTER NO.S7-4120/21 DATED 09/06/2021 OF THE 1ST RESPONDENT.

Exhibit P8 TRUE COPY OF THE NOTICE NO.S7-4120/21 DATED 02/07/2021 OF THE 1ST RESPONDENT.

Exhibit P9 TRUE COPY OF THE LETTER NO.S2-2365/2021 DATED 16/07/2021 OF THE 1ST RESPONDENT.