Avaran vs The Vilage Officer
2023 Latest Caselaw 8618 Ker

Citation : 2023 Latest Caselaw 8618 Ker
Judgement Date : 9 August, 2023

Kerala High Court

Avaran vs The Vilage Officer on 9 August, 2023

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                        WP(C) NO. 19108 OF 2023
PETITIONER/S:

          AVARAN
          AGED 62 YEARS
          S/O.LATE EANATHIN, KUYYAMPALLI HOUSE, PONMUNDOM,TIRUR
          TALUK, MALAPPURAM DISTRICT, PIN - 676106
          BY ADVS.
          U.K.DEVIDAS
          S.K.SREELAKSHMY


RESPONDENT/S:

    1     THE VILAGE OFFICERKODUR VILLAGE OFFICE, KODUR P.O.,
          MALAPPURAM DISTRICT, PIN - 676504
    2     THE TAHSILDAR
          PERINTHALMANNA TALUK OFFICE, PERINTHALMANNA P.O.,
          MALAPPURAM DISTRICT, PIN - 679322



          SMT. DEEPA V (GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19108 OF 2023                2



                                JUDGMENT

Petitioner has approached this Court, being aggrieved by

the fact that the property obtained by the petitioner and other

beneficiaries, in terms of Ext.P4 partition deed, has not been

effected mutation without any rhyme or reason. It is submitted

by the learned counsel appearing for the petitioner that a

reading of Ext.P6 communication issued by the Tahsildar (LR),

Perinthalmanna Taluk to the District Law Officer, Malappuram,

seeking legal opinion itself shows that there is no objection in

accepting basic land tax in respect of the property in question.

Learned counsel also points out that, despite the fact that

Ext.P6 communication was issued as early as on 18.03.2023,

even today, the Tahsildar (LR), Perinthalmanna) [the 2 nd

respondent] has not taken a decision on the application filed by

the petitioner and others (Ext.P5) before the 1st respondent, for

effecting mutation in terms of the partition deed.

2. Learned Government Pleader submits that the 2 nd

respondent can be directed to take a decision on Ext.P5

application filed by the petitioner for effecting mutation though

Ext.P5 is preferred before the village officer.

3. Having heard the learned counsel appearing for the

petitioner and the learned Government Pleader, the writ

petition will stand disposed of, directing the 2 nd respondent to

consider Ext.P5 request and take a decision thereon, in

accordance with the law, within a period of two months from

the date of receipt of a certified copy of this judgment. Since

Ext.P5 is submitted before the 1st respondent, the petitioner

shall produce a copy of this writ petition along with a copy of

this judgment before the 2nd respondent, for compliance.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ajt

PETITIONER EXHIBITS Exhibit P1 BASIC TAX WAS REMITTED IN THE NAME OF PETITIONER, HIS MOTHER AND OTHERS. TRUE COPY OF THE POSSESSION CERTIFICATE DATED 22.08.2016 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P1(a) TRUE COPY OF THE POSSESSION CERTIFICATE DATED 24.04.2017 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P1(b) TRUE COPY OF THE POSSESSION CERTIFICATE DATED 04.12.2018 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P1(c) TRUE COPY OF THE POSSESSION CERTIFICATE DATED 09.07.2019 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P1(d) TRUE COPY OF THE POSSESSION CERTIFICATE DATED 05.06.2020 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P2 TRUE COPY OF THE THANDAPPER ACCOUNT NO.

2019/107444/10 DATED 02.02.2022 FOR 1.69 HECTORS OF LAND COMPRISED IN SURVEY NO.95/1- 32 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P2(a) TRUE COPY OF THE THANDAPPER ACCOUNT NO.

2022/12225/10 DATED 02.02.2022 FOR 1.35 HECTORS OF LAND COMPRISED IN SURVEY NO.95/1- 30 ISSUED BY VILLAGE OFFICER, KODUR Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 10.04.2006 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P3(a) TRUE COPY OF THE BASIC TAX RECEIPT DATED 17.4.2007 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P3(b) TRUE COPY OF THE BASIC TAX RECEIPT DATED 28.4.2008 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P3(c) TRUE COPY OF THE BASIC TAX RECEIPT DATED 4.5.2009, ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P 3(d) TRUE COPY OF THE BASIC TAX RECEIPT DATED 12.05.2010 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P 3(e) TRUE COPY OF THE BASIC TAX RECEIPT DATED 05.04.2011 ISSUED BY THE VILLAGE OFFICER,

KODUR Exhibit P3(f) TRUE COPY OF THE BASIC TAX RECEIPT DATED 16.04.2012 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P3(g) TRUE COPY OF THE BASIC TAX RECEIPT DATED 22.4.2013 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P3(h) TRUE COPY OF THE BASIC TAX RECEIPT DATED 03.04.2014 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P3(i) TRUE COPY OF THE BASIC TAX RECEIPT DATED 25.04.2015 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P3(j) TRUE COPY OF THE BASIC TAX RECEIPT DATED 15.4.2016 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P3(k) TRUE COPY OF THE BASIC TAX RECEIPT DATED 24.4.2017 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit p3(l) TRUE COPY OF THE BASIC TAX RECEIPT DATED 30.4.2018 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P3(m) TRUE COPY OF THE BASIC TAX RECEIPT DATED 11.4.2019 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P3(n) TRUE COPY OF THE BASIC TAX RECEIPT DATED 01.06.2020 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P3(o) TRUE COPY OF THE BASIC TAX RECEIPT DATED 09.04.2021 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P3(p) COPY OF THE BASIC TAX RECEIPT DATED 06.04.2022 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P4 TRUE COPY OF THE PARTITION DEED NO.4045/2022 OF S.R.O. MAKKARAPARAMBA DATED 12.10.2022 Exhibit P5 TRUE COPY OF THE APPLICATION DATED 11.01.2023 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT Exhibit P6 TRUE COPY OF THE LETTER DATED 18.3.2023 ISSUED BY THE SECOND RESPONDENT TO THE DISTRICT LAW OFFICER, MALAPPURAM Exhibit P7 TRUE COPY OF THE ORDER DATED 09.07.2014 PASSED BY THE TALUK LAND BOARD, PERINTHALMANNA

Exhibit P8 TRUE COPY THE TAX RECEIPT DATED 22.11.2017 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P8(a) TRUE COPY THE TAX RECEIPT DATED 11.01.2018 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P8(b) TRUE COPY THE TAX RECEIPT DATED 12.03.2018 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P8(c) TRUE COPY THE TAX RECEIPT DATED 01.06.2020 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P8(d) TRUE COPY THE TAX RECEIPT DATED 04.09.2020 ISSUED BY THE VILLAGE OFFICER, KODUR Exhibit P8(e) TRUE COPY THE TAX RECEIPT DATED 09.12.2020 ISSUED BY THE VILLAGE OFFICER, KODUR