V.Prasad vs Geromic George, I A S
2023 Latest Caselaw 509 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
       THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA,
                           1944
               CON.CASE(C) NO. 2302 OF 2022
AGAINST THE JUDGMENT IN WP(C) 24757/2021 OF HIGH COURT OF
                          KERALA
PETITIONER/PETITIONER IN WP(C):

         V.PRASAD
         AGED 58 YEARS
         S/O. VELAYUDHAN,PRASANNA
         NIVAS ,PALACHIRA ,VARKALA, CHIRAYINKEEZHU
         TALUK ,THIRUVANATHAPURAM., PIN - 695145
         BY ADVS.
         K.KUSUMAM
         K.KALESH
         R.S.REJITHA
         P.T.MARY
         ACHUTHAN K.
         REEJA R. NAIR


RESPONDENTS/ORIGINAL RESPONDENTS 2,3& 5 IN WP(C):

   1     GEROMIC GEORGE, IAS
         THE DISTRICT COLLECTOR, THIRUVANAHAPURAM
         COLLECTORATE ,THIRUVANANTHAPURAM., PIN - 695043
   2     SATHEESAN S.N
         THE TAHASILDAR ,LAND RECORDS ,TALUK
         OFFICE ,VARKALA ,THIRUVANANTHAPURAM.,
         PIN - 695141
   3     MUHAMMED SALIL
         VILLAGE OFFICER,VILLAGE OFFICE
         VARKALA,THIURUVANATHAPURAM, PIN - 695141


         SMT.PARVATHY.K -GP
 COC.No.2302 /2022
                              ..2..


     THIS   CONTEMPT   OF   COURT     CASE   (CIVIL)   HAVING   BEEN
FINALLY HEARD ON 11.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 COC.No.2302 /2022
                                ..3..


                           JUDGMENT

When this matter was called today, learned Government

Pleader - Smt.Parvathy Kottol, submitted that, pending this

matter, an order has been issued by the 2 nd respondent -

Tahsildar dated 12.12.2022; and has produced it on record,

along with Memo dated 07.01.2023. She pointed out that the

property in question has been transferred in Registry in the

name of the father of the petitioner and that he has also been

given liberty to remit Land Tax thereon from 2012 to 2022 and

in future. She thus prayed that this contempt case be

dismissed.

2. In response, however, Sri.K.S.Kusumam - learned

counsel for the petitioner, submitted that, going by the

directions in the judgment of this Court, the property ought to

have been registered in the name of her cleint - Sri.V.Prasad,

and not in the name of his father, as has been done now. She

prayed that, therefore, respondents be directed to do so.

3. At this time, Smt.Parvathy Kottol submitted that, if

the petitioner tenders the tax amount as per the order of the

Tahsildar dated 12.12.2022, along with necessary documents

for the transfer of Registry of the property in his name, namely, COC.No.2302 /2022 ..4..

succession certificate and such other, the competent Authority

will consider the request and a tax receipt issued in his name,

subject to all other requirements being satisfied.

Recording the afore submissions of the learned

Government Pleader, I close this contempt case; thus leaving

liberty to the petitioner to approach the Tahsildar, tendering

the amount of tax as per order dated 12.12.2022 and

supporting it with an application for tranfer of Registry in his

name on the strength of succession certificate and such other

documents as are necessary; and if this is done, then same will

be considered and necessary action completed thereon,

leading to appropriate orders being issued within a period of

one month thereafter.

I also leave liberty to the petitioner to approach this Court

again with a fresh contempt, in case the afore undertaking or

directions are violated.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ACR COC.No.2302 /2022 ..5..

APPENDIX OF CON.CASE(C) 2302/2022

PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF JUDGEMENT IN WPC 24757/2021OF HONARABLE THIS COURT DATED 20/12/2021.

Annexure2 TRUE COPY OF LETTER DATED 15/3/2022 RECEIVED BY THE PETITIONER FROM 3RD RESPONDENT Annexure 3 TRUE COPY OF MAIL SENT BY THE PETITIONER TO 3RD RESPONDENT DATE 7/10/2022 Annexure 3(a) TRUE COPY OF LETTER MADE BY THE PETITIONER TO THE 3RD RESPONDENT DATED 7/10/2022 Annexure 3(b) TRUE COPY OF RECEIPT ISSUED BY THE 2ND RESPONDENT Annexure 4 CERTIFIED COPY OF ORDER DATED 7/10/2022 IN I A 1/2022 OF THIS HON,BLE COURT.

Annexure 5 TRUE COPY OF LAND TAX RECEIPT Annexure 6 TRUE COPY OF THE EMAIL REQUESTING THE VILLAGE OFFICER TO COLLECT THE TAX FOR THE YEAR 2012 TO 2022