Muhammed Sha vs The Revenue Divisional Officer, ...
2023 Latest Caselaw 8705 Ker

                    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. 26210 OF 2023
PETITIONER:

                  MUHAMMED SHA
                  AGED 65 YEARS
                  S/O. SAID MUHAMMED, KARIPPATHODI HOUSE,
                  KUMMINIPARAMBUP.O.,KONDOTTYTALUK, MALAPPURAM DISTRICT,
                  PIN - 673638

                  BY ADV C.M.MOHAMMED IQUABAL



RESPONDENTS:

       1          THE REVENUE DIVISIONAL OFFICER, TIRUR
                  TIRUR REVENUE DIVISIONAL OFFICE, TIRUR P.O., MALAPPURAM
                  DISTRICT, PIN - 676101

       2          THE TAHSILDAR, KONDOTTY,
                  TALUK OFFICE, KONDOTTY P.O., MALAPPURAMDISTRICT, PIN -
                  673638

       3          THE VILLAGE OFFICER,
                  PALLIKKALVILLAGE OFFICE,PALLIKKALP.O., MALAPPURAM
                  DISTRICT, PIN - 673634

       4          SMT. SUHARABI,
                  W/O. MOHAMMED KOYA, KUNNATHODI HOUSE, CALICUT AIRPORT
                  P.O., KONDOTTY, MALAPPURAM DISTRICT, PIN - 673647

                  SMT. DEEPA V. (G.P.)


THIS       WRIT    PETITION   (CIVIL)    HAVING   COME   UP   FOR   ADMISSION   ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.26210/2023                   2

                              JUDGMENT

The petitioner has approached this Court being aggrieved by

Ext.P3 order through which the 3rd respondent directed the acceptance

of basic tax in the name of the 4 th respondent in respect of property

which, according to the petitioner, belongs absolutely to the wife of the

petitioner.

2. The learned counsel appearing for the petitioner would

submit that the petitioner has preferred Ext.P5 appeal against Ext.P3

order in terms of Rule 18 of the Transfer of Registry Rules before the 1 st

respondent and for the present, the petitioner will be satisfied, if a

direction is issued to the 1st respondent to consider and pass orders on

Ext.P5, after affording an opportunity of hearing to the petitioner and to

the 4th respondent.

3. The learned Government Pleader would submit that since

Ext.P3 order is one issued by the Village Officer, an appeal under Rule

18 of the Transfer of Registry Rules should have been filed before the

Tahsildar and not before the Revenue Divisional Officer. She states that

since Ext.P5 appeal has been received by the 1st respondent, a direction

can be issued to the 1st respondent to transmit the said appeal to the 2 nd

respondent for consideration, in accordance with the law.

Having regard to the submissions made by the learned counsel for

the petitioner and the learned Government Pleader, this writ petition

will stand disposed of directing the 1 st respondent to transmit Ext.P5

appeal to the office of the 2nd respondent. The 2nd respondent shall

consider Ext.P5 appeal as one filed before him under Rule 18 of the

Transfer of Registry Rules and dispose of the same, after affording an

opportunity of hearing to the petitioner and to the 4 th respondent within

a period of three months from the date of receipt of a certified copy of

this judgment. The petitioner shall produce a copy of the writ petition

and a copy of this judgment before the 1st respondent for compliance.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 26210/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE BASIC TAX RECEIPT ISSUED IN THE NAME OF THE PETITIONER DATED 24.10.2018

Exhibit P2 THE TRUE COPY OF THE JUDGMENT IN W.P.

(C).NO.3324/2019 OF THIS HON'BLE COURT DATED 05.02.2019

Exhibit P3 THE TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 04.09.2019

Exhibit P4 THE TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE PALLIKKAL GRAMA PANCHAYATH DATED 27.04.2023

Exhibit P5 THE TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 23.09.2019