Kerala High Court
E.K.Cheriyan vs The Thahasildar on 17 January, 2023
WP(C) No.19488/2017 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Tuesday, the 17th day of January 2023 / 27th Pousha, 1944
WP(C) NO. 19488 OF 2017
PETITIONER:
E.K.CHERIYAN AGED 75 YEARS, S/O.KURIAKOSE, EDAVAZHIKAL HOUSE,
KUZHIYARA, THIRUVANIYOOR, KANAYANNOOR TALUK,ERNAKULAM DISTRICT
RESPONDENT:
1. THAHSILDAR, KANAYANOOR TALUK, TALUK OFFICE, ERNAKULAM 682011
2. THE VILLAGE OFFICER, AMBALLOOR VILLAGE, AMBALOOR, KANAYANOOR THALUK,
682315
3. AMBALLOOR GRAMA PANCHAYAT, KANJIRAMATTOM P.O., ERNAKULAM-682 315
REPRESENTED BY ITS SECRETARY (ADDL.RESPONDENT NO.3 IMPLEADED AS PER
ORDER ON IA 1/2021.DTD 8.11.2021)
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 2nd respondent to issue the provisinal mutation
certificate in respect of 6.020 cents in Survey No.64/1 in Block No.21 of
Amballoor Village in the name of the petitioner, till the disposal of the
above Writ Pettiion.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
23-08-2022 and upon hearing the arguments of M/S SRI.K.G.CLEETUS Advocate
for the petitioner and SHRI.T.K.AJITHKUMAR, Standing Counsel for R3, the
court passed the following:
WP(C) No.19488/2017 2/5
T.R.RAVI, J.
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W.P.(C).No.19488 of 2017
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Dated this the 17th day of January, 2023
ORDER
The prayer in the writ petition is for a direction to the
respondents to take effective steps to mutate 6.020 cents of
property in Re-survey No.64/1 in Block No.21 of Amballoor
Village in the name of the petitioner and to quash Exts.P8
and P9. As per Ext.P8 Panchayath has made a claim that the
property is a road puramboke and by Ext.P9 the Panchayath
has rejected the request of the petitioner for permission to
pay tax. Ext.P11 is a report prepared by the 2 nd respondent
and submitted before the 1st respondent. It can be seen from
the report that as per a registered Will No.43/1980 of SRO,
Mulanthuruthy, an extent of 9.72 Ares of property in Survey
No.40/5 came to be vested in the petitioner. It is further
stated that out of the total extent, an extent of 6.79 Ares is
being used as road. The request was for paying tax for the
balance extent of 2.51 Ares. In the report, it is recommended
that after necessary inspection, decision can be taken
regarding the said request. The petitioner has produced
WP(C) No.19488/2017 3/5
W.P.(C).No.19488 of 2017
Ext.P3, which is the decree of the First Additional Munsiff's
Court, Ernakulam relating to the property in question in which
the Court issued a direction to fix the boundary of the property
as per Ext.C1(a) plan. Ext.C1(a) plan has been produced as
Ext.P2 in the writ petition. It is seen that the said plan has also
been prepared by Surveyor. The prayer of the petitioner is only
for permission to pay tax for the extent that remains after
deducting the area covered by the road. I do not find any reason
for an objection from the part of the 3 rd respondent Panchayath
since the area covered by the road is safeguarded.
2. In the above circumstances, there will be a direction
to the 1st respondent to take effective steps to mutate an extent
of 6.020 cents of property in Re-survey No.64/1 of Amballoor
Village in the name of the petitioner and a further direction to
accept tax for the said property from the petitioner. It is trite
law that payment of land tax on effecting mutation is only for
fiscal purposes and does not amount to a declaration of title in
favour of the person who is paying tax or in whose favour the
property has been mutated. It is made clear that the directions
WP(C) No.19488/2017 4/5
W.P.(C).No.19488 of 2017
issued to effect mutation and to accept land tax will not in any
way affect the right of any other person who may have a claim
over the property from making such a claim. Necessary orders
shall be issued within a period of six weeks from the date of
receipt of a copy of this Order.
H/o
Sd/-
T.R.RAVI
JUDGE
LEK
17-01-2023 /True Copy/ Assistant Registrar
WP(C) No.19488/2017 5/5
APPENDIX OF WP(C) 19488/2017
EXHIBIT P2 TRUE COPY OF THE SKETCH PRODUCED IN O.S.NO.44/2010 ON
THE FILE MUNSIFF'S COURT,ERNAKULAM BY THE ADVOCATE
COMMISSIONER
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 28.7.2016 IN O.S
NO.44/2010 OF THE MUNSIFF'S COURT ERNAKULAM
Exhibit P8 TRUE COPY OF THE LETTER DATED 20.10.2017 ISSUED BY THE
SECRETARY, AMBALLOOR GRAMA PANCHAYAT TOGETHER WITH THE
DECISION OF PANCHAYAT COMMITTEE TO THE SURVEYOR.
Exhibit P9 TRUE COPY OF THE LETTER DATED 25.9.2020 SENT BY THE
SECRETARY TO THE PETITIONER.
Exhibit P11 TRUE COPY OF THE REPORT DATED 17.3.2021 PREPARED BY THE
2ND RESPONDENT
17-01-2023 /True Copy/ Assistant Registrar
