Kerala High Court
Unnikrishnan Nair vs State Of Kerala on 17 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 29492 OF 2021
PETITIONER:
UNNIKRISHNAN NAIR, AGED 71,
S/O. JANAKIAMMA, RESIDING IN THE ADDRESS KOTHAYATH
PUTHENVEETTIL HOUSE, NHANGATTIRI DESOM,
THRITHALA AMSOM, NHANGATTIRI P.O., OTTAPALAM TALUK,
PALAKKAD DISTRICT - 679 303.
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM P.O.,
THIRUVANANTHAPURAM DISTRICT - 695 001.
2 THE TALUK TAHSILDAR,
PATTAMBI TALUK OFFICE, PALAKKAD DISTRICT - 679 303.
3 THE VILLAGE OFFICER, OFFICE OF THE VILLAGE OFFICER,
THRITHALA VILLAGE OFFICE, PALAKKAD DISTRICT - 679 534.
4 THE DISTRICT COLLECTOR,
OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE,
PALAKKAD DISTRICT, PINCODE - 678 001.
SMT. MABLE C.KURIAN, SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29492 OF 2021
-2-
JUDGMENT
When this matter was called today, the learned
counsel for the petitioner - Sri.Ameer Suhail,
submitted that the legal and factual issues
involved herein have already been noticed by this
Court in Ext.P4 judgment, dated 23.09.2021, in
W.P.(C) No.29126 of 2020.
2. The learned counsel further submitted that
the competent Authorities have refused permission
to his client to remit land tax on the property
involved in this case, only because there is a
judgment of the Civil Court in O.S.No.375 of 2012.
He argued that since his client is not aware of
the said suit, nor party to the same, the
competent Authorities could not have used that to
deny him permission to remit land tax,
particularly because he had been allowed to do so
in the past, as is evident from Ext.P2.
WP(C) NO. 29492 OF 2021
3. The learned Senior Government Pleader -
Smt.Mable C.Kurian, in response, submitted that
the property in question is comprised of in the
same survey number which is the subject matter in
O.S.No.375 of 2012; and therefore, that the
competent Authority has now been incapacitated
from considering the request of the petitioner, in
allowing him to remit land tax thereon.
4. As rightly stated by the learned Senior
Government Pleader, the very same issues had been
considered by this Court in Ext.P4 judgment and
directions were issued to the competent
Authorities to allow the petitioners therein to
remit land tax. I am certain that the benefits of
the said judgment must apply to the petitioner
herein also, since the issues involved are
analogous.
In the afore circumstances, I order this writ
petition and direct the 3rd respondent - Village
WP(C) NO. 29492 OF 2021
Officer, to accept land tax from the petitioner
with respect to his property covered by Ext.P1
title document and Ext.P2 tax receipt; however,
making it clear that the afore directions will
abide by any judgment or decree to be obtained by
any person from a competent Civil Court, in which
the title of the petitioner is appropriately
challenged or found against him.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 29492 OF 2021
APPENDIX OF WP(C) 29492/2021
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE DOCUMENT BEARING
NO.2067 OF 96 DATED 14.06.96 OF THE
THRITHALA SRO.
EXHIBIT P2 A TRUE COPY OF THE TAX PAID RECEIPT
ISSUED BY THE THRITHALA VILLAGE OFFICER
DATED 06.11.14.
EXHIBIT P3 A TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED IN THE NAME OF THE
PETITIONER DATED 06.06.16 BY THE
THRITHALA VILLAGE OFFICER.
EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DELIVERED
IN WP(C) NO.29126 OF 20 DATED 23.09.21
BY THIS HON'BLE COURT.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
