Alex V Chacko vs Sajeev Sebastian
2022 Latest Caselaw 7666 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                               &
           THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
  TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                      WA NO. 521 OF 2022
  AGAINST THE FINAL JUDGMENT IN WP(C) NO. 27362/2020 DATED
  25.03.2022 BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE
                            COURT
APPELLANT/ADDITIONAL 5TH RESPONDENT:

           ALEX V CHACKO
           AGED 59 YEARS
           S/O LATE M. M. CHACKO,
           RESIDING IN THE ADDRESS VELLAPPALIL MATTATHIL,
           PEROOR PO,
           KOTTAYAM DISTRICT- 686 637.

           BY ADV G.SREEKUMAR (CHELUR)


RESPONDENTS/PETITIONERS AND RESPONDENTS 1 TO 4:

    1      SAJEEV SEBASTIAN
           AGED 47 YEARS
           S/O SEBASTIAN, RESIDING IN THE ADDRESS
           KONDATTUPARAMBIL HOUSE, RESIDING AT QUARTERS NO.
           E-1/333 OF COCHIN PORT TRUST, THOPPUMPADY
           VILLAGE,
           KOCHI TALUK,
           WILLINGTON ISLAND P O,
           ERNAKULAM DISTRICT-682 003.

    2      SONIAMOL THOMAS,
           AGED 47 YEARS
           W/O SAJEEV SEBASTIAN, RESIDING IN THE ADDRESS
           KONDATTUPARAMBIL HOUSE, RESIDING AT QUARTERS NO.
           E - 1/333 OF COCHIN PORT TRUST, THOPPUMPADY
           VILLAGE, KOCHI TALUK, WILLINGDON ISLAND PO,
           ERNAKULAM DISTRICT-682 003.
 W.A. No. 521/2022
                             2




     3      THE STATE OF KERALA
            REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
            DEPARTMENT OF REVENUE, SECRETARIAT,
            THIRUVANANTHAPURAM DISTRICT-695 001.

     4      THE DISTRICT COLLECTOR
            OFFICE OF THE DISTRICT COLLECTOR IDUKKI,
            COLLECTORATE. PAINAV P. O.
            IDUKKI DISTRICT- 685 603.

     5      THE TALUK TAHSILDAR,
            UDUMBANCHOLA TALUK OFFICE, REVENUE TOWER,
            NEDUMKANDAM P O, IDUKKI DISTRICT-685 553.

     6      THE VILLAGE OFFICER
            CHATHURANGAPPARA VILLAGE,
            CHATHURANGAPPARA P O,
            IDUKKI DISTRICT-685 554.

     7      ADDL. R7.

            THE REGISTRAR,
            KERALA LOK AYUKTA
            LEGISLATURE COMPLEX,
            VIKAS BHAVAN,
            THIRUVANANTHAPURAM 695 033

            ADDL. R7 IS SUO MOTU IMPLEADED AS PER ORDER
            DATED 20/06/2022 IN W.A. NO. 521/2022

            R1 & R2 BY ADVS.V.HARISH
                            RAJAN VISHNURAJ(K/653/2010)
            R3 TO R7 BY SRI.V.TEKCHAND,SENIOR GOVERNMENT
            PLEADER


         THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.A. No. 521/2022
                                       3




                             JUDGMENT

S. Manikumar, C.J.

On 20.06.2022, we passed the following

order:-

"Before the writ court, writ petitioners have sought

for the following relief:-

"To issue a writ of mandamus or any other appropriate writ order or direction, directing the 4th respondent to receive and continue to receive land tax of Exhibit P2 properties from the respective petitioners and issue receipts evidencing payment of tax."

2. Short facts leading to the filing of the writ petition are as hereunder:-

a) According to the petitioners, the 1 st petitioner was the cultivating tenant of Ext. P2 properties. He got assignment of jenmom right of the property vide Ext. P7 assignment order and got Ext. P2 purchase certificate. Mutation was effected in revenue records and he paid land tax W.A. No. 521/2022

for the property and obtained receipt for the same. A portion of the property was thereafter assigned by the 1st petitioner to the 2nd petitioner, who is his wife, vide Ext. P4 settlement deed. After Ext. P4, the 2 nd petitioner paid tax for her property.

b) Petitioners have submitted that while the 1st petitioner approached the 4th respondent Village Officer for remittance of tax for the period 2020-2021, but he declined to accept the tax, without any reason. Petitioners have got liability to pay tax for their property and right to get receipt for the same.

c) In the above circumstances, finding no other alternative, petitioners have filed the writ petition, seeking appropriate direction to the 4 th respondent.

3. After considering the submissions of the writ petitioners and the learned Government Pleader, writ court ordered thus:-

"4. When I consider the afore submissions, it is without doubt that, on one hand, the petitioners claim title to the property in question on the strength of Ext.P1 order of assignment and Ext.P2 'Patta'; while, on the other, the 5 th W.A. No. 521/2022

respondent says that both these proceedings are vitiated and fraudulent.

5. However, until such time as the contention of the 5th respondent is established through a process of law, the statutory presumption in favour of Ext.P2, under the provisions of the Kerala Land Reforms Act, will certainly continue to operate.

6. In the afore circumstances, I am certain that the request of the petitioners for remittance of Land Tax cannot be interdicted at this stage merely because an appeal is pending against Ext.P2. Resultantly, I order this Writ Petition and direct the 4th respondent - Village Officer to allow the petitioners to remit Land Tax on the property in question; however, subject to any decision to be taken by the competent Appellate Authority on the appeal stated to have been filed by the 5th respondent against Ext.P2. This shall be done by the 4th respondent without any avoidable delay but not later than two weeks from the date on which the petitioners tender requisite amounts towards Tax.

W.A. No. 521/2022

Needless to say, the afore directions will not, in any manner, prejudice the 5 th respondent in pursuit of his appeal against Ext.P2 and all his contentions for such purpose are left open to be impelled before the Competent Authority at the relevant time.

I further clarify that, merely because tax has been permitted to be remitted by the petitioners, they will not obtain any special right - either in law or in equity."

4. Being aggrieved, instant writ appeal is filed by the additional 5th respondent in the writ petition.

5. Record of proceedings shows that as early as on 22.04.2022, this Court, while admitting the writ appeal, has ordered thus:-

"Admitted.

Issue notice to respondents 1 & 2.

Learned Govt. Pleader takes notice for respondents 3 to 6.

Post on 20.6.2022.

On a consideration of the pleadings and materials on record, we are satisfied that the petitioner is entitled to an interim order. Hence the operation of the judgment in WP(C) W.A. No. 521/2022

No.27362/2020 shall stand stayed for a period of two months."

6. Material on record discloses that with respect to patta, there is a dispute before the Kerala Lok Ayukta in complaint No. 187 of 2020. Parties to the complaint are as hereunder:- Complainant:-

Alex V. Chacko, S/o. Late M.M.Chacko, Vellappally, Mattathil, Peroor P.O., Kottayam- 686

Respondents:-

1. State of Kerala represented by Principal Secretary, Revenue Department, Room No. 201 A, II Floor, Annex-1, Secretariat, Thiruvananthapuram - 695 001.

2. The District Collector, Collectorate, Idukki- 685

3. The Land Tribunal, Thodupuzha, Office of Land Tribunal, Thodupuzha, Idukki- 685 584.

4. The Special Tahsildar, Land Tribunal, Thodupuzha, Idukki-685 584.

5. The Tahsildar, Udumbanchola Taluk, Taluk Office, Udumbanchola, Idukki - 685 553.

6. The Village Officer, Chathurangapara Village Office, Udumbanchola Taluk, Idukki - 685 554.

7. The District Registrar, District Registrar Office, SH8, Thodupuzha, Idukki District - 685 584. W.A. No. 521/2022

8. The Sub Registrar, The Sub Registrar Office, Udumbanchola, Idukki District - 685 554.

9. T.P. Rajendra Kumar, Special Tahsildar, Land Tribunal, Thodupuzha, Idukki - 685 584.

10. B. Pavithran, Ex-Village Officer, Chathurangapara Village, Udumbanchola Taluk, Idukki District - 685 554.

11. Sajeev Sebastian, Quarter No. E-1/333, RNAS Area, Willington Island, Ernakulam- 682 003.

12. Sonia Mol Thomas, W/o. Sajeev Sebastian, Quarter No. E-1/333, RNAS Area, Willington Island, Ernakulam - 682 003.

13. A.S.Rengaswami Chettiyar, S/o. A.S.Azhakannan Chettiyar, Bodinayakkanur, Theni, Tamilnadu - 625 513.

14. A.Chuppayyan Chettiyar, Bodinayakkanur, Theni, Tamilnadu - 625 513.

15. Azhakan Chettiyar, Bodinayakkanur, Theni, Tamilnadu - 625513.

16. A. Ramaraj, Bodinayakkanur, Theni, Tamilnadu - 625 513.

17. A.Dharmaraj, Bodinayakkanur, Theni, Tamilnadu - 625 513.

7. According to the appellant, he filed complaint No. 187 of 2020 before the Kerala Lok Ayukta, seeking investigation into the grievance and the allegations voiced by the complainant, W.A. No. 521/2022

and to prepare an exhaustive report thereon, communicate the findings and recommendations against respondents 2 to 10 therein under Section 12(1) of the Kerala Lok Ayukta Act, 1999, to the competent authority, and thereby to redress the grievance of the complainant and to efface the illegal activities, alleged by the complainant, and to prevent all further official activities with respect to properties in Ext.P1 order, including collection of tax and registering of documents, and for a direction to permit the complainant to continue the payment of the land tax in respect of the property in Ext. P1 order, and to take appropriate action against respondents 2 to 10 therein for mal-administration, corruption, nepotism, favoritism and bribery for their actions and inactions.

8. Perusal of the material on record discloses that an interim order has been passed by the Lok Ayukta in complaint No. 187 of 2020 on 05.03.2021 to maintain status quo. Filing of the complaint and pendency have not been averred in W. P. (C) No. 27362 of 2020 filed on 07.12.2020. 9. Mr. V. Harish, learned counsel, submitted that on behalf of respondents 1 and 2 herein, he has entered appearance today. W.A. No. 521/2022

10. Mr. V. Harish, learned counsel for the writ petitioners / respondents 1 and 2, has submitted that the pendency of complaint No. 187 of 2020 before the Lok Ayukta was not known to the writ petitioners. Status quo has been ordered after filing of the writ petition.

11. Learned counsel for respondents 1 and 2 has further submitted that pursuant to the directions issued in W. P. (C) No. 27362 of 2020 dated 25.03.2022, tax has been remitted with respect to the subject property in March 2022 itself.

12. To ascertain as to whether writ petitioners / respondents 1 and 2 in the appeal, have been served in complaint No. 187 of 2020 before W. P. (C) No. 27362 of 2020 is filed, and that to arrive at a prima facie conclusion on suppression of facts, we deem it fit to implead the Registrar, Kerala Lok Ayukta, as a party respondent.

13. Thus, exercising powers under Article 226 of the Constitution of India, the Registrar, Kerala Lok Ayukta, Legislature Complex, Vikas Bhavan, Thiruvananthapuram - 695 033, is impleaded as additional 7th respondent in the writ appeal, for the above said purpose. W.A. No. 521/2022

14. Mr. V. Tekchand, learned Senior Government Pleader, is directed to ascertain the nature of the application filed before the appellate authority, and to file a statement, along with supporting documents.

15. Registry is directed to communicate this order to the Kerala Lok Ayukta, Thiruvananthapuram.

Interim order shall stand extended till 28.06.2022.

Post on 27.06.2022."

2. When the matter came up for hearing,

attention of this Court is invited to the letter

dated 27.06.2022 of the Registrar (District

Judge), Lok Ayukta, addressed to the Registrar

General, High Court of Kerala, Ernakulam,

explaining as to when Complaint No. 187/2020

was filed and the record of proceedings W.A. No. 521/2022

thereafter. The above said letter dated

27.06.2022 shall be treated as part of record of

the instant Writ Appeal No. 521/2022.

3. The letter reads thus:-

KERALA LOK AYUKTA LEGISLATURE COMPLEX VIKAS BHAVAN PO THIRUVANANTHAPURAM-835 033 Date:-27.06.2022 No. 1752/LA/A1/2022 From Siju Sheik Registrar (District Judge) Kerala Lok Ayukta (Addl. R7 in W.A. No 521/2022 (Suo motu)

To The Registrar General Hon'ble High Court of Kerala Ernakulam.

Sir, Sub:- Report on the service of notice in Complaint No. 187/2020 C - Submitting of

- Reg.

Ref:- Order dated 20.06.2022 in W.A. No. 521/2022.

Kind attention is invited to the reference cited.

W.A. No. 521/2022

Complaint No. 187/2020 C a complaint filed by Mr. Alex V. Chacko, S/o M.M. Chacko before the Hon'ble LoK Ayukta on 25.11.2020 alleging maladministration against respondents including District Collector, Idukki. There are 17 respondents altogether of whom respondents 11 and 12 are Mr. Sajeev Sebastian and Mrs. Sonia Mol Thomas respectively. On verification of case records it is seen that notice before admission was ordered to respondents on 05.03.2021 and case was posted for return of notice on 18.05.2021. On 05.03.2021 an interim order in I.A. 286/2020 was passed directing respondent Nos. 2,5,6,7 and 8 to stop all further proceedings including collection of land tax and registration of documents pursuant to the order in SM No. 28/2018 and purchase certificate issued there under in respect of 1.7928 Hectares

corresponding to Re. Sy. No. 83/2 of Block No. 18 of Chathurangapara Village Udumbanchola Taluk, Idukki District, until further orders. Copy of the said order was communicated to R2, R5, R6, R7 and R8. On 12.08.2021, R11 and R12 (Mr. Sajeev Sebastian and Mrs. Sonia Mol Thomas respectively) filed vakalath through Advocate G.K.Sudheer. Notice sent to R11 and R12 returned as unserved stating addressee left on W.A. No. 521/2022

22.01.2022. Case now stands posted to 30.08.2022 for completion of pleadings.

The above facts are humbly submitted for placing the same for the kind consideration of the Hon'ble Division Bench.

Yours faithfully,

Sd/-

Registrar (District Judge) Kerala Lok Ayukta

4. Admittedly, writ petitioner, is stated

to have obtained Ext.P1 order dated 26.11.2018

in S.M. No. 28/2018 passed by the Land

Tribunal, Thodupuzha.

5. Ext.P2 is the Patta issued by the

Special Tahsildar, Land Tribunal, Thodupuzha,

dated 28.01.2019, in favour of the writ

petitioner, consequent to Ext.P1. W.A. No. 521/2022

6. Being aggrieved, the appellant herein/

respondent No. 5 in the writ petition, is stated

to have filed an appeal, A.A. No. 35/2020,

before the Appellate Authority, (Land Reforms),

Alappuzha, with an application to condone the

delay.

7. For brevity, statement of facts in A.A.

No. 35/2020 dated 04.11.2020 is reproduced:-

"The appellant is the person aggrieved by the order dated 26/11/2018

passed by the Land Tribunal, Thodupuzha in S.M. No.28 of 2018. The 1st respondent is the applicant/tenant and the respondents 2 to 6 are stated as the Land Owner in the order of the Land Tribunal in S.M. 28 of 2018. The respondents 2 to 6 are fictitious persons and no notice is seen to be served on the respondents and the address of the respondents 2 to 6 are also not stated in the order. The suo moto proceeding initiated by the Land Tribunal, Thodupuzha is a fraudulent one. The 1st respondent has absolutely no right, interest or possession over the property involved in S.M. 28 of 2018 and he is not a tenant of the property. The respondents 2 to 6 are not the Land W.A. No. 521/2022

Owners of the property and their address are not disclosed in the proceedings. The respondents 2 to 6 are also not having any right, interest or possession over the property involved in the proceedings. The 1st respondent has applied for the assignment of the right, title and the interest of the Land Owner and intermediaries in respect of 3.50 acres of land in Survey No. 65(83/2) of Chathurangapara Village in Udumbanchola Taluk. The Land Tribunal alleged to have published notice under sub-section 1 of Section 72 F. But no individual notice as provided under Section 72 F(2) was issued to the Land Owner. There was no enquiry as contemplated under the Land Reforms Act was conducted by the Land Tribunal. The Land Tribunal has allowed the assignment of 1.7927 hectares of land in Survey No. 65(83/2) of Chathurangapara Village to the 1st respondent, finding that the 1st respondent is the cultivating tenant entitled to fixity of tenure without any legal evidence. The appellant is the absolute owner in possession of 1.7927 hectares of land in Survey No. 65(82/2) of Chathurangapara Village as per Sale Deed No. 3067 dated 8/11/2010 of SRO, Udumbanchola The vendor of the appellant has obtained the property as per Sale Deed No. 2199 of 1995 of the SRO, Udumbanchola. As per the revenue records also the property stands in the name of the appellant and his predecessor in interest. The appellant is paying basic tax in respect of the property. The 1 st respondent has obtained the assignment of the property fraudulently and against the principles of the natural justice and without issuing any notice to the owner of the property. The appellant is really aggrieved by the order of the Land Tribunal under appeal and he came to know of the order on 27/10/2020 and filed this appeal under section 102 of the Land Reforms Act as a person aggrieved by the order."

W.A. No. 521/2022

8. Prayer sought for in A.A. No. 35/2020

filed before the Appellate Authority (Land

Reforms), Alappuzha, is to set aside the order

dated 26.11.2018 in S.M.No. 28/2018 of the

Land Tribunal, Thodupuzha, under Section 102

of the Kerala Land Reforms Act, 1963.

9. The appellant claims to be the owner of

the property. From the above, it could be

deduced that Ext.P1 order dated 26.11.2018 in

S.M. No. 28/2018 is under challenge and

consequently, the title.

W.A. No. 521/2022

10. Though Mr. G. Sreekumar Chelur,

learned counsel for the appellant, made

submissions on the ground, inter alia, and also

as to the alleged illegal manner by which, the

party respondents/writ petitioners have obtained

order in S.M.No. 28/2018 dated 26.11.2018, and

on that score, submitted that the judgment

made in W.P.(C.) No. 27362/2020 dated

25.03.2022, directing the Village Officer,

therein, to allow the writ petitioners to remit

the land tax is not a legal approach; we are W.A. No. 521/2022

not inclined to accept the said contentions, for

the reason, it is for the appellate authority to

consider the dispute regarding the correctness

of Ex.P1 order and the consequential Patta,

Ext.P2 dated 28.01.2019, and also for the

reason that the writ court has made it

abundantly clear that the tax to be remitted

by the writ petitioners, would not confirm any

special right - either in law or in equity.

11. Though Mr. G. Sreekumar Chelur,

learned counsel for the appellant, further

contended that the writ court has failed to W.A. No. 521/2022

consider that till 2019, tax was remitted by

the appellant, and the same ought not to have

been allowed to be continued, notwithstanding

Exts. P1 and P2, we are not inclined to accept

the said submission also, for the reasons

contained in the judgment in W.P.(C.) No.

27362/2020 dated 25.03.2022.

12. That apart, submission has been made

by Mr.V. Harish, learned counsel for the writ

petitioners/party respondents in appeal, that

pursuant to the directions in the judgment

dated 25.03.2022 in W.P.(C.) No. 27362/2020, W.A. No. 521/2022

tax has been remitted by him to the subject

property, within two weeks, as directed.

13. Perusal of the letter dated 27.06.2022

of the Registrar, Lok Ayukta extracted above,

makes it clear that writ petition has been filed

even before the Complaint No. 187/2020 was

entertained by the Lok Ayukta. However, it

is seen from the said letter that notice was

served on the writ petitioners from the Lok

Ayukta on 12.08.2021 much before the

impugned judgment was pronounced by the

learned Single Judge on 25.03.2022. However, W.A. No. 521/2022

we find that neither the writ petitioners nor

the appellant have brought to the notice of

this court, the pendency of the complaint

before the Lok Ayukta and the interim order

passed by the Lok Ayukta on 05.03.2021.

14. Before parting with this case, we

permit the appellant to approach the Appellate

Authority (Land Reforms), Alappuzha, to seek

for early disposal of A.A. No. 35/2020 filed

along with the condonation of petition.

15. Insofar as the proceedings pending

before the Lok Ayukta in Complaint No. W.A. No. 521/2022

187/2020, we do not express any opinion on its

merit.

The writ appeal is disposed of as above.

Sd/-

S. MANIKUMAR CHIEF JUSTICE

Sd/-

SHAJI P. CHALY JUDGE

DCS/24.06.2022