T.K.Prasad vs Ayroor Grama Panchayat
2023 Latest Caselaw 1752 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                      WP(C) NO. 1140 OF 2023
PETITIONER:

           T.K.PRASAD
           AGED 66 YEARS
           S/O R. KRISHNAKURUP PRAKASH BHAVANAM
           PALLARIMANGALAM P.O THEKKEKARA VILLAGE THEKKEKARA
           TALUK ALAPPUZHA DISTRICT, PIN - 686671
           BY ADVS.
           S.SHANAVAS KHAN
           S.INDU
           KALA G.NAMBIAR


RESPONDENTS:

     1     AYROOR GRAMA PANCHAYAT
           AYROOR SOUTH P.O PATHANAMTHITTA PIN - 689611
           REPRESENTED BY ITS SECRETARY,
     2     THE SECRETARY
           AYROOR GRAMA PANCHAYAT AYROOR SOUTH P.O
           PATHANAMTHITTA, PIN - 689611
           BY ADV SHRI.K.N.RADHAKRISHNAN, SC, AYROOR GRAMA
           PANCHAYAT



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.02.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                       2


W.P.(C) No.1140 of 2023




                                 JUDGMENT

Dated this the 1st day of February, 2023.

This writ petition is filed seeking the

following reliefs:-

"i. Call for the records leading to Ext.P5 and quash the same by issuing a Writ of Certioriari ii. Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to reconsider the application of the petitioner for change of ownership of the property and building in Ext.P1 sale deed."

2. Heard the learned counsel for the petitioner

and the learned Standing Counsel appearing for the

respondents.

3. It is submitted by the learned counsel for

the petitioner that by Ext.P1 document the petitioner

purchased an extent of 236 sq.ft. of building having

Door No.6/277 along with 21.99 sq.mts. of land

situated in Survey No.302/2 in Block No.2 of Ayroor

Village, Ranni Taluk, Pathanamthitta District. It is

W.P.(C) No.1140 of 2023

submitted that pursuant to Ext.P1, the property and a

part of the building were mutated in the name of the

petitioner and Ext.P2 is the land tax receipt in respect

of the same. Possession certificate was also issued by

the Village Officer as evidenced by Ext.P3. The

petitioner submitted an application for change of

ownership of the building. However, the same was

rejected by Ext.P5, stating that in the application, the

details of the building and the ward number are not

mentioned. It is further stated that the portion of the

building which was purchased by the petitioner has

not been clearly identified.

4. The learned counsel for the petitioner

submits that all the details are available in the

documents produced by the petitioner and that a

reading of the schedule provided in Ext.P1 itself would

show that the portion of the shop room purchased by

the petitioner is clearly identified and that therefore,

W.P.(C) No.1140 of 2023

the rejection is completely untenable.

5. The learned Standing Counsel for the

respondent Panchayath submits that a proper

application is to be filed by the petitioner.

6. Having considered the contentions

advanced, I am of the opinion that since Ext.P1

specifically shows the extent and identity of the part of

the shop room, which has been transferred in favour

of the petitioner with all details, the request made by

the petitioner for change of registration is to be

considered by the 2nd respondent in accordance with

law. The petitioner shall provide the Door No. and

Ward No. of the building concerned. The 2 nd

respondent shall take up the application submitted by

the petitioner, conduct necessary site inspections and

pass orders on the same, taking note of the schedule

appended to Ext.P1 sale deed which clearly identifies

the property. Sub Rule 4 of Rule 3 of Kerala Panchayat

W.P.(C) No.1140 of 2023

Raj (Property Tax Service Cess and Surcharge) Rules

2011 shall also be taken into account by the Secretary

while passing orders as directed above. Appropriate

orders shall be passed within a period of one month

from the date of receipt of a copy of this judgment.

For facilitating a proper consideration, Ext.P5 shall

stand set aside.

Sd/-

ANU SIVARAMAN JUDGE SSK/01/02

W.P.(C) No.1140 of 2023

APPENDIX

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED DATED 13/10/2022 BEARING NO. 1338/22 OF ARANMULA SUB REGISTRY OFFICE Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 02/11/2022 ISSUED FROM AYROOR VILLAGE OFFICE Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15/11/2022 ISSUED BY AYROOR VILLAGE OFFICE Exhibit P4 TRUE COPY OF THE RECEIPT DATED 24/12/2022 Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 26/12/2022 OF THE 2ND RESPONDENT