Muhammed Musthafa vs The District Collector
2023 Latest Caselaw 4646 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                        WP(C) NO. 13258 OF 2023
PETITIONER/S:

          MUHAMMED MUSTHAFA
          AGED 45 YEARS
          S/O. ALAVIKUTTY, THOLANCHERY HOUSE, PERUVALLUR POST,
          MALAPPURAM DISTRICT, PIN - 673638
          BY ADVS.
          K.P.SUDHEER
          P.ANIRUDHAN


RESPONDENT/S:

    1     THE DISTRICT COLLECTOR
          CIVIL STATION, MALAPPURAM, PIN - 676505
    2     THE SPECIAL TAHASILDAR
          OFFICE OF THE SPECIAL TAHASILDAR,
          LAND TRIBUNAL, TIRURANGADI,
          MALAPPURAM DISTRICT, PIN - 676306
    3     THE VILLAGE OFFICER
          PERUVALLUR, PADIKKAL - KARUVANKALLU ROAD,
          PARAMBIL PEEDIKA, PERUVALLUR,
          MALAPPURAM DISTRICT, PIN - 676317
    4     THE TALUK LAND BOARD
          TIRURANGADI
          MALAPPURAM DISTRICT, PIN - 676306
          REPRESENTED BY ITS CHAIRMAN.



          SRI. BIMAL K NATH (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.13258 of 2023

                                          2




                                JUDGMENT

The petitioner purchased an extent of 6.72 ares of

land comprised in Re-survey No.243/15 (old Sy.No.134/4-5) of

Peruvalloor village in Thirurangadi Taluk. The petitioner

effected mutation in his name and he was remitting basic tax

in respect of the property till 2015. Thereafter, the third

respondent refused to accept land tax and issue revenue

certificates on the ground that the land in question is part of

the land belonging to late Krishnan Namboodiri against whom

land ceiling proceedings had been initiated under the Kerala

Land Reforms Act, 1963.

2. The learned counsel appearing for the

petitioner would submit that in identical circumstances, this

Court had issued the following directions;

"1) The 3rd respondent is directed to accept tax from the petitioners for the properties covered in Exts.P1 to P5, subject to the result of the ceiling case pending before the authorities.

2) I also make it clear that if in the enquiry, it is found that the petitioners are not in possession of the properties as claimed in titled deed or that the subject properties are included in a land ceiling case, in accordance WPC No.13258 of 2023

with the finding rendered thereunder, the variation can be made by the respondents in accepting the land tax.

3) The second respondent will pass final orders in Exts.P12 to P14 as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this judgment."

3. The learned Senior Government Pleader also

does not dispute that in almost identical situation and in

respect of the land which originally belonged to late Krishnan

Namboodiri, this Court had issued certain directions in Ext.P7

and the same directions can be issued in the case of the

petitioner as well.

4. Having regard to the submissions made and

having perused Ext.P7 judgment, this writ petition will stand

disposed of in the same terms as in Ext.P7 judgment and the

following directions are therefore issued;

1) The third respondent is directed to accept tax

from the petitioner for the properties covered by Ext.P1,

subject to the result of the ceiling case pending before the

authorities.

2) I also make it clear that if in the enquiry, it is

found that the petitioner is not in possession of the properties WPC No.13258 of 2023

as claimed in the title deed or that the subject properties are

included in a land ceiling case, land tax shall be accepted in

accordance with the finding rendered thereunder.

3) The payment of land tax by the petitioner will

always be subject to the proceedings initiated against late

Krishnan Namboodiri and his family members for holding

excess land.

4) The second respondent will endeavour to pass

final orders on Ext.P5, as expeditiously as possible, at any

rate, within a period of six months from the date of receipt of

a certified copy of this judgment.

The writ petition is disposed of as above.

Sd/-

GOPINATH P., JUDGE rkj WPC No.13258 of 2023

APPENDIX OF WP(C) 13258/2023

PETITIONER EXHIBITS EXHIBIT P 1 TRUE COPY OF SALE DEED DATED 23.3.2005 REGISTERED AS DOC. NO. 1602/2005 OF TENHIPALAM SRO EXECUTED BY MUHAMMEDKUTTY, S/O. KUTTYASSAN IN FAVOUR OF THE PETITIONER EXHIBIT P 2 TRUE COPY OF BASIC TAX RECEIPT NO.

6901406 DATED 1.6.2006 ISSUED BY THE 3RD RESPONDENT VILLAGE OFFICER.

EXHIBIT P 3 TRUE COPY OF BASIC TAX RECEIPT NO.

8471109 DATED 21.8.2015 ISSUED BY 3RD RESPONDENT VILLAGE OFFICER EXHIBIT P 4 TRUE COPY OF BUILDING TAX RECEIPT NO.

6097011003077 DATED 3.11.2022 ISSUED BY PERUVALLUR GRAMA PANCHAYAT EXHIBIT P 5 TRUE COPY OF APPLICATION DATED 5.1.2023 FILED BY THE PETITIONER BEFORE THE LAND TRIBUNAL, TIRURANGADI.

EXHIBIT P 6 TRUE COPY OF JUDGMENT DATED 08/11/2016 IN WRIT PETITION (CIVIL) NO. 25115/2016 PASSED BY THIS HON'BLE COURT.

EXHIBIT P 7 TRUE COPY OF JUDGMENT DATED 1.7.2021 IN WP(C) NO. 25949/2020 PASSED BY THIS HONOURABLE COURT.

EXHIBIT P 8 TRUE COPY OF ORDER DATED 26.3.2013 IN I.A. NO. 769/2013 IN CRP (LR) NO.

141/2013 PASSED BY THIS HONOURABLE COURT.