Renjini Panicker Thariyan vs District Collector
2023 Latest Caselaw 8519 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                       WP(C) NO. 25526 OF 2023
PETITIONER:

            RENJINI PANICKER THARIYAN,
            AGED 44 YEARS,
            D/O THOMAS PANICKER THARIYAN RESIDING IN UNITED ARAB
            EMIRATES, SAFI TOWN HOUSE 200 TOWN SQUARE, DUBAI,
            UNITED ARAB EMIRATES, REP BY POWER OF ATTORNEY HOLDER
            THOMAS PANICKER THARIYAN, AGED 75 YEARS,
            S/O THOMAS PANICKER, SDRA 72D (10/788/D), DURGA LANE
            VETTIKONAM, KARAKULAM P.O,
            THIRUVANANTHAPURAM - 695 564.

            BY ADV L.RAJESH NARAYAN



RESPONDENTS:

    1       DISTRICT COLLECTOR,
            COLLECTORATE, COLLECTORATE, KUYILIMALA, PAINAV P.O,
            IDUKKI - 685 603.

    2       TAHSILDAR,
            TALUK OFFICE, PEERMADE, PEERMADE RD,
            AZHUTHA, PEERMADE - 685 531.

    3       VILLAGE OFFICER,
            VAGAMON VILLAGE, PULLIKKANAM - ELAPPARA ROAD,
            VAGAMON - 685 503.

            BY SMT.DEEPA V, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25526 OF 2023
                                   2

                             JUDGMENT

The petitioner has approached this Court being aggrieved by

the fact that the 3rd respondent is not accepting basic tax from the

petitioner and not issuing possession certificate and location sketch

with respect to 18.90 Ares of land belonging to the petitioner and

comprised in Survey Number 724 of Vagamon Village, which the

petitioner purchased through Ext.P1 document registered on

26.04.2019. According to the petitioner, there is absolutely no rhyme

or reason to do so. The learned counsel for the petitioner also makes

reference to Exts.P6 and P7 judgments of this Court, where in respect

of the land comprised in the very same survey number, this Court

directed the acceptance of basic tax and also directed the issuance of

possession certificate and location sketch.

2. The learned Government Pleader submits that the land

covered by Survey Number 724 of Vagamon Village was the property

which is shown as assigned in terms of a patta issued in the year

1992. It is submitted that the extent of land in Survey Number 724 of

Vagamon Village is very large and a Vigilance enquiry is progressing WP(C) NO. 25526 OF 2023

regarding the genuineness of the patta. It is submitted that the

authorities refused to accept basic tax and issue possession certificate

and location sketch only on account of the fact that the Vigilance

enquiry was progressing.

3. Having heard the learned counsel appearing for the

petitioner and the learned Government Pleader appearing for the

respondents, I am of the view that the claim of the petitioner is

squarely covered in favour of the petitioner by Exts.P6 and P7

judgments of this Court. In respect of other parcels of land comprised

in the very same survey number, this Court has directed the issuance

of possession certificate and location sketch and to accept basic tax,

making it clear that this shall not affect any proceedings initiated by

the Government to determine the genuineness of the patta under

which the lands were originally assigned.

In that view of the matter, this writ petition is also allowed and

the 3rd respondent is directed to accept basic tax from the petitioner

and to issue possession certificate and location sketch in respect of

the property obtained by the petitioner through Ext.P1. However, it is

made clear that the issuance of possession certificate and location WP(C) NO. 25526 OF 2023

sketch and the acceptance of basic tax will not in any manner

prejudice any right of the Government to proceed either with the

Vigilance enquiry or with any proceedings based on the findings in

the said Vigilance enquiry.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 25526 OF 2023

APPENDIX OF WP(C) 25526/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO.1131/2019 DATED 26.4.2019 OF SRO, PEERMADE

Exhibit P 2 TRUE COPY OF THE PATTA LA 492/92 DATED 3.3.94 ISSUED BY THE SPECIAL TAHSILDAR(LAND ASSIGNMENT), PEERMADE

Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 12.4.2019 REMITTED BY THE PREDECESSOR OF THE PETITIONER

Exhibit P4 TRUE COPY OF THE LOCATION SKETCH WITH RESPECT TO THE PROPERTY

Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 6.11.2013 NO. K.DIS/9161/13/C3 ISSUED TO THE PREDECESSOR OF THE PETITIONER FROM THE 2ND RESPONDENT

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 13.9.2021 IN WPC NO.1392/2021

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 18.11.2022 IN WPC NO.28731/2022