Kerala High Court
Pramod Menon vs District Collector on 14 August, 2023
W.P.(C)No.25118/2023 1
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. 25118 OF 2023
PETITIONER/S:
PRAMOD MENON
AGED 56 YEARS
S/O SARITHA BALAGOPAL, PRATHEEKSHA HOUSE NO.1,
KOLATHERI LANE, POONITHURA P.O ERNAKULAM, PIN -
682038
BY ADV L.RAJESH NARAYAN
RESPONDENT/S:
1 DISTRICT COLLECTOR
COLLECTORATE COLLECTORATE, KUYILIMALA, PAINAV P.O,
IDUKKI, PIN - 685603
2 TAHSILDAR
TALUK OFFICE, PEERMADE PEERMADE RD, AZHUTHA,
PEERMADE, PIN - 685531
3 VILLAGE OFFICER
VAGAMON VILLAGE PULLIKKANAM - ELAPPARA ROAD, VAGAMON,
PIN - 685503
OTHER PRESENT:
SMT. DEEPA V (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.25118/2023 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 .0870
Ares of land belonging to the petitioner and comprised in Survey Number
724 of Vagamon Village, which the petitioner purchased through Sale Deed
No.3529/2008 dated 4.11.2008 of SRO Peermade. 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.P2 and P3
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 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.P2 and P3 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 Sale Deed No.3529/2008 dated
4.11.2008. However, it is made clear that the issuance of possession
certificate and location 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
acd
APPENDIX OF WP(C) 25118/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED
17.10.2019 REMITTED BY THE PETITIONER
Exhibit P 2 TRUE COPY OF THE JUDGMENT DATED 13.9.2021
IN WPC NO.1392/2021
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 18.11.2022
IN WPC NO.28731/2022
