Charitable Educational And ... vs Taluk Land Board
2023 Latest Caselaw 8889 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                        WP(C) NO. 12981 OF 2023
PETITIONER/S:

          CHARITABLE EDUCATIONAL AND WELFARE SOCIETY
          REGISTER NO.Q.373/83,
          REPRESENTED BY ITS CHAIRMAN K J ABRAHAM,
          KALAMANNIL HOUSE, KOZHENCHERY P O,
          PATHANAMTHITTA DISTRICT, PIN - 689641
          BY ADV JESTIN MATHEW


RESPONDENTS:

    1     TALUK LAND BOARD
          KOZHENCHERY, PATHANAMTHITTA DISTRICT,
          PIN - 679641
          REPRESENTED BY ITS CHAIRMAN.
    2     TAHASIDAR (L.R)
          KONNI, MINI CIVIL STATION,
          KONNI, PATHANAMTHITTA DISTRICT,
          PIN - 689691
    3     VILLAGE OFFICER
          PRAMADAM VILLAGE OFFICE,
          PRAMADAM, PATHANAMTHITTA DISTRICT,
          PIN - 689646
    4     TAHASIDAR (L.R),
          TALUK OFFICE, ALATHUR,
          PALAKKAD DISTRICT, PIN - 678541
    5     VILLAGE OFFICER
          KIZHAKKANCHERY 2 VILLAGE OFFICE,
          KIZHAKKANCHERY P.O.,
          PALAKKAD DISTRICT, PIN - 678684


          SMT. PREETHA K K (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.12981 of 2023
                                          2



                              JUDGMENT

The petitioner has approached this Court being

aggrieved by the fact that land tax is not being accepted in respect

of certain property belonging to and in possession of the

petitioner.

2. The learned Government Pleader refers to the

counter affidavit filed in this case and submits that the land over

which land tax is now sought to be accepted, was subject matter of

proceedings in order No.SM/1/12/KZHY dated 12.07.2017 of the

Taluk Land Board, Kozhenchery through which, the land having an

extent of 75.05 ares was directed to be surrendered as excess

land. It is submitted that one Sri.K.J.Abraham, the Chairman of

the Charitable Educational and Welfare Society (the petitioner

herein) has filed CRP (LR) 474/2017 before this Court and this

Court through order in IA No.2111/2017 in CRP (LR) 474/2017 has

directed to maintain "Status Quo" in respect of the above land. It

is submitted that possession of the land has not been taken over by

the Government owing to the order of status quo. It is submitted

that in such circumstances, there cannot be any direction to

accept land tax from the petitioner. WPC No.12981 of 2023

3. Having heard the learned counsel appearing for

the petitioner and having considered the averments in the counter

affidavit filed by the second respondent before this Court, I am of

the view that the petitioner is not entitled to the relief sought for

in this writ petition. The land in respect of which, tax is now

sought to be remitted was subject matter of proceedings before

the Taluk Land Board, Kozhenchery and there was an order to

surrender that land as excess land. The petitioner has preferred a

CRP before this Court and the same is pending along with an order

on the interlocutory application in that CRP, as detailed above.

4. In such circumstances, the petitioner cannot

maintain any writ petition seeking the relief sought for in the

present writ petition and if the petitioner wishes to obtain any

further order in respect of the aforesaid land, it is for the

petitioner to obtain the same by filing appropriate interlocutory

applications in CRP (LR) 474/2017.

The writ petition will stand dismissed with the above

observations.

Sd/-

GOPINATH P., JUDGE rkj WPC No.12981 of 2023

APPENDIX OF WP(C) 12981/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 27/11/2013 OF THIS HONOURABLE HIGH COURT IN CRP (LR) NO. 185/2013 Exhibit P2 TRUE COPY OF THE ORDER DATED 12/07/2017 ISSUED BY THE 1ST RESPONDENT TALUK LAND BOARD, KOZHENCHERY Exhibit P3 TRUE COPY OF THE ORDER DATED 14.08.2017 IN CRP (LR) NO. 474/2017 OF THIS HONOURABLE COURT Exhibit P4 TRUE COPY OF THE ORDER DATED 31/08/2021 IN CRP(LR) NO. 474/2017 OF THIS HONOURABLE COURT Exhibit P5 TRUE COPY OF THE REQUEST TO ACCEPT LAND TAX ON THE PROPERTY OF THE PETITIONER DATED 01/02/2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE APPLICATION TO ISSUE POSSESSION CERTIFICATE TO THE PETITIONER DATED 01/02/2012 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE REQUEST TO ACCEPT LAND TAX ON THE PROPERTY OF THE PETITIONER SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT, DATED 03/02/2023 Exhibit P8 TRUE COPY OF THE APPLICATION TO ISSUE POSSESSION CERTIFICATE TO THE PETITIONER DATED 03/02/2023 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT