Pushpalatha S Jain vs The District Collector
2022 Latest Caselaw 565 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                        WP(C) NO. 491 OF 2022
PETITIONERS:

    1     PUSHPALATHA S JAIN
          AGED 71 YEARS
          W/O LATE M P SANTHI VARMA JAIN, KALYANA MANDIRAM,
          MUTTIL NORTH VILLAGE, KALPETTA NORTH P O, WAYANAD
          DISTRICT, PIN-673122.

    2     SUSHENA DEVI.
          AGED 49 YEARS
          D/O LATE M P SANTHI VARMA JAIN, KALYANA MANDIRAM,
          MUTTIL NORTH VILLAGE, KALPETTA NORTH P O, WAYANAD
          DISTRICT, PIN-673122.

    3     SIDDHARTHA DEVI
          AGED 38 YEARS
          D/O LATE M P SANTHI VARMA JAIN, KALYANA MANDIRAM,
          MUTTIL NORTH VILLAGE, KALPETTA NORTH P O, WAYANAD
          DISTRICT, PIN-673122.

    4     PAVITHRA
          AGED 41 YEARS
          W/O SREEMANDARA VARMA JAIN, KALYANA MANDIRAM, MUTTIL
          NORTH VILLAGE, KALPETTA NORTH P O, WAYANAD DISTRICT,
          PIN-673122.

    5     BHARATH P A.
          AGED 21 YEARS
          S/O ANOOP P.P & SUSHENA DEVI, JAYAKUMARI ESTATE
          MNADAKKAMALA P O, KOTTATHARA, WAYANAD DISTRICT, PIN-
          673121.

          BY ADVS.
          JACOB SEBASTIAN
          K.V.WINSTON
          ANU JACOB


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          COLLECTORATE, CIVIL STATION, KAIRALI NAGAR, KALPETTA
          P O, WAYANAD DISTRICT, PIN-673122.
 WP(C) NO. 491 OF 2022                 2

     2       THE TAHSILDAR (LAND RECORDS)
             VYTHIRI, VYTHIRI TALUK OFFICE, VYTHIRI P O, WAYANAD
             DISTRICT, PIN-673576.

     3       THE VILLAGE OFFICER
             KOTTATHARA VILLAGE, KOTTATHARA VILLAGE OFFICE,
             KOTTATHARA P O, WAYANAD DISTRICT, PIN-673122.

     4       STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
             OF REVENUE, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN-695001.


OTHER PRESENT:

             SRI.RAJITH SPL.G.P.




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   14.01.2022,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 491 OF 2022               3

                              JUDGMENT

The petitioners say that they purchased the

properties involved in this case through Exts.P7 to

P10, but that when they presented the same before the

3rd respondent - Village Officer for remittance of land

tax and for issuance of Possession Certificates, it has

been rejected by the Tahsildar through Exts.P11 and P12

citing untenable objections. The petitioners,

therefore, pray that Exts.P11 and P12 be set aside and

the Village Officer be directed to allow them to remit

land tax on the properties and that he be ordered to

issue Possession Certificates, as requested by them.

2. When this matter was called today, Shri.Jacob

Sebastian - learned counsel for the petitioners pointed

out that, in fact, as is evident from Exts.P1 to P5,

the land tax with respect to the properties has already

been accepted from his clients in the year 2021 and

therefore, that refusal of the Village Officer to allow

them to continue to do so in future or to issue

Possession Certificates is illegal and unlawful. He,

therefore, reiteratingly prayed that said Authority be

directed to do so without any further delay.

3. The afore submissions of the petitioners were

vehemently opposed by Shri.Rajith - learned Special

Government Pleader, saying that the properties in

question were originally part of an Estate, which was

owned by a Company by name East India Company and that

the State intends to file a suit to recover the entire

extent. He submitted that it is in such circumstances

that the petitioners' request for issuance of

Possession Certificates has been refused by the

competent respondent. He then added that since the

attempt of the petitioners is to cut and remove the

trees from the Estate on the strength of their

Possession Certificates and since such action is

contrary to the provisions of the Kerala Land Reforms

Act, the Village Officer thought it better not to

accede to it.

4. However, after saying as afore, the learned

Special Government Pleader conceded, to a pointed

question from this Court, that no legal action has yet

been taken by the State or any of the functionaries

against the properties in question for its resumption

or for recovery, through a competent Civil Court. His

only contention was that they intend to do so in

future.

5. It is thus evident that, on one hand, the

petitioners' claim exclusive rights over the properties

in question; while, on the other, the State says that

they intend to file a suit for its recovery, based on

their contention that assignments by the afore

mentioned East India Company were in error. The

official respondents, of course, have also a case that

since the properties are enjoying exemption under

Section 81E of the Kerala Land Reforms Act, cutting of

trees therefrom is prohibited. However, I fail to

understand how the official respondents can refuse

issuance of Possession Certificates for the afore

reasons because if there is any violation of law by the

petitioners on its strength, certainly necessary

consequences shall have to follow and if the land is

ordered to be resumed in future by a competent Civil

Court, they will be bound by the same, subject to their

available remedies.

In the afore circumstances, I order this writ

petition and direct the 3rd respondent - Village

Officer to allow the petitioners to continue to remit

land tax on the properties covered by Exts.P7 to P10

and also to issue them Possession Certificates with

respect to the same. This shall be done as

expeditiously as is possible, but not later than two

weeks from the date of receipt of a copy of this

judgment.

I, however, deem it necessary to reiteratingly

clarify that nothing contained in this judgment will

impede the right of the official respondents to proceed

against the properties through a Civil Court and they

will also be fully enjoined to confirm that any action

on the properties by the petitioners is as per law and

in compliance of the imperative Statues and

Regulations, including the Kerala Land Reforms Act.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/14.1

APPENDIX OF WP(C) 491/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 06.08.2021 ISSUED BY THE THIRD RESPONDENT TO 1ST PETITIONER.

Exhibit P2 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 14.09.2021 ISSUED BY THE THIRD RESPONDENT TO 2ND PETITIONER.

Exhibit P3 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 06.08.2021 ISSUED BY THE THIRD RESPONDENT TO 3RD PETITIONER.

Exhibit P4 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 06.08.2021 ISSUED BY THE THIRD RESPONDENT TO 4TH PETITIONER.

Exhibit P5 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 07.07.2021 ISSUED BY THE THIRD RESPONDENT TO 5TH PETITIONER.

Exhibit P6 A TRUE COPY OF THE PROCEEDINGS NUMBER TLB (SW) 607/73 DATED 12.03.1977 OF THE TALUK LAND BOARD, WAYAND.

Exhibit P7 A TRUE COPY OF THE REGISTERED PARTITION DEED NUMBER 4175/2011 OF THE SRO, KALPETTA DATED 29.10.2011.

Exhibit P8 A TRUE COPY OF THE REGISTERED PARTITION DEED NUMBER 2014/2011 OF THE SRO, KALPETTA DATED 13.05.2011.

Exhibit P9 A TRUE COPY OF THE REGISTERED DOCUMENT NUMBER 1406/2014 OF THE SRO, KALPETTA DATED 28.03.2014.

Exhibit P10 A TRUE COPY OF THE REGISTERED DOCUMENT NUMBER 811/2021 OF THE SRO, KALPETTA DATED 11.11.2020.

Exhibit P11 A TRUE COPY OF THE ORDER DATED 02.12.2021 ISSUED BY THE THIRD RESPONDENT IN RESPECT OF THE APPLICATION SUBMITTED BY THE

SECOND PETITIONER.

Exhibit P12 A TRUE COPY OF THE ORDER DATED 02.12.2021 ISSUED BY THE THIRD RESPONDENT RELATING TO THE PROPERTY OF THE THIRD PETITIONER.

Exhibit P13 A TRUE COPY OF THE JUDGMENT DATED 14.08.2018 IN WPC NO.2952/2017 OF THIS HONOURABLE COURT.

Exhibit P14 A TRUE COPY OF THE EXTRACT OF THE RELEVANT PAGE OF THE BTR, DATED 25.10.2011.