M/S Makh Ventures Llp Represented ... vs The Village Officer
2023 Latest Caselaw 471 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                       WP(C) NO. 29591 OF 2022


PETITIONER:

          M/S MAKH VENTURES LLP
          REPRESENTED BY ITS DESIGNATED PARTNER
          N.K MOHAMMEDALI
          AGED 60 YEARS, S/O A.V. KUNHIPARI,
          RESIDING AT 15320B, PARISONS ENCLAVE,
          PUTHUR, PUTHIYANGADI P.O.,
          PIN-673021.

          BY ADVS.
          SRI.SUNNY MATHEW
          SMT.BUHAIRA K.K
          SMT.NIKITTA TRESSY GEORGE



RESPONDENTS:

    1     THE VILLAGE OFFICER
          KERALA ESTATE,
          NILAMBUR P.O, NILAMBUR TALUK,
          MALAPPURAM DISTRICT
          PIN - 676525

    2     THAHASILDAR (LR)
          TALUK OFFICE, NILAMBUR P.O,
          MALAPPURAM DISTRICT
          PIN - 676525

          SRI. JAFAR KHAN, SR. GOVT. PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29591 OF 2022
                                    2



                              T.R. RAVI, J.
               --------------------------------------------
                      W. P. (C). No.29591 of 2022
                --------------------------------------------
                Dated this the 11th day of January, 2023

                              JUDGMENT

The petitioner is the owner of various items of property covered

by Exts.P1 to P3 documents comprised in Re-Sy.Nos.85Pt, 92Pt,

93Pt, 94, 95/1, 85Pt, 93Pt, 91/1 and 92Pt of Kerala Estate Village in

Malappuram district. According to the petitioner, the predecessors-

in-interest of the petitioner were promptly paying land tax. After

purchasing the property, when the petitioner approached

respondents 1 and 2 for paying land tax and effecting mutation, the

same was refused stating that the lands in question are shown as

part of rubber plantation exempted from land ceiling from previous

owner.

2. The petitioner has filed this writ petition seeking a

direction to the 1st respondent to accept land tax with respect to the

properties covered by Exts.P1 to P3.

3. Heard the learned counsel for the petitioner and the

learned Senior Government Pleader for the respondents.

4. The petitioner has produced Ext.P4 judgment of this Court WP(C) NO. 29591 OF 2022

in W.P.(C). No.24502/2021, wherein this Court following the

judgments in W.P.(C). No.15935/2022 and connected cases and

W.P.(C). No.20675/2019 and connected cases, directed the

respondents therein to allow the petitioner's request for Transfer of

Registry of the property and/or for remittance of land tax on it. I do

not find any reason to take a different view.

In the result, the writ petition is allowed. The 1 st respondent

Village Officer is directed to accept land tax as and when the

petitioner tenders the same and issue tax receipt to the petitioner in

respect of the properties in Re-Sy.Nos.85Pt, 92Pt, 93Pt, 94, 95/1,

85Pt, 93Pt, 91/1 and 92Pt of Kerala Estate Village in Malappuram

District, covered by Exts.P1 to P5. There will be a further direction

to the 2nd respondent to effect mutation with respect to the property

comprised in Re-Sy.Nos.85Pt, 92Pt, 93Pt, 94, 95/1, 85Pt, 93Pt, 91/1

and 92Pt of Kerala Estate Village in Malappuram District.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 29591 OF 2022

APPENDIX OF WP(C) 29591/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE SALE DEED DATED 05.02.2022, EXECUTED IN BETWEEN THE PETITIONER AND THE EXECUTANT

Exhibit P2 A TRUE COPY OF THE REGISTERED SALE DEED DATED 05.02.2022 EXECUTED BETWEEN THE PETITIONER AND SRI. ARIKATH GOPALAKRISHNAN

Exhibit P3 A TRUE COPY OF THE SALE DEED DATED 05.02.2022

Exhibit P4 A TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.24502/2021, DATED 09.11.2021