Sadikh vs The Village Officer, Thekkumkara
2022 Latest Caselaw 667 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. 24192 OF 2021
PETITIONER:

          SADIKH
          AGED 34 YEARS
          S/O.KUNJU MUHAMMED,
          ALUVAKKARAN HOUSE, KONATHUKUNNU,
          MUKUNDAPURAM-680123.

          BY ADV K.I.SAGEER



RESPONDENTS:

    1     THE VILLAGE OFFICER,
          THEKKUMKARA
          VILLAGE OFFICE,
          THEKKUMKARA,
          MUKUNDAPURAM-691585.

    2     THE DEPUTY TAHSILDAR (REVENUE RECOVERY)
          TALUK OFFICE, MUKUNDAPURAM-691585.


OTHER PRESENT:

          SMT. MABLE .C .KURIAN SR.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. 24192 OF 2021

                                2

                          JUDGMENT

The petitioner says that the competent respondent is

refusing to permit him to remit land tax on the property owned

by him - the details of which have been specified in the

pleadings of this case - or to issue Possession Certificate and

such other, solely because there is an order of attachment

reflected in the Encumbrance Certificate and the Revenue

Records.

2. The petitioner says that the afore said entry of

Encumbrance is based on Ext.P1 demand, which has been set

aside by this Court through Ext.P2 judgment; and, therefore,

that the continued refusal of the 1st respondent - Village

Officer to deny him permission to remit land tax or to obtain

Possession Certificate and such other, is illegal and unlawful.

3. I have heard Sri. K.I.Sageer Ibrahim - learned

counsel for the petitioner and Smt.Mable C. Kurian - leaned

Senior Government Pleader appearing for the respondents. WP(C) NO. 24192 OF 2021

4. Smt.Mable C.Kurian submitted that if, as stated by

the petitioner, Ext.P1 has been set aside through Ext.P2

judgment, then certainly the Village Officer will consider the

same and decide whether petitioner can be allowed to remit

land tax or to be issued with Possession Certificate and such

other, with respect to the property in question. She prayed

that said Authority be given liberty to issue appropriate orders

in this regard, as per law.

Taking note of the afore submissions, I order this writ

petition and direct the 1st respondent to hear the petitioner, for

which purpose he or his father shall mark appearance before

the said Authority at 11.00 A.M. on 27/01/2022; leading to an

apposite decision on his request for permission to remit land

tax and issuance of Possession Certificate etc., as expeditiously

as is possible, but not later than two weeks therefrom.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 24192 OF 2021

APPENDIX OF WP(C) 24192/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE REVENUE RECOVERY NOTICE NO.RRC-2018/4928/08 DATED 27.06.2018 IN FORM NO.1 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P2 A TRUE COPY OF THE JUDGEMENT DATED 14.02.2020 IN W.P(C)NO.22554/2018 OF THIS HON'BLE COURT

Exhibit P3 A TRUE COPY OF THE LAND TAX RECEIPT DATED 22.10.2020 ISSUED BY THE 1ST RESPONDENT.