Alex Raju vs District Collector
2023 Latest Caselaw 6692 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                        WP(C) NO. 16628 OF 2023
PETITIONER/S:

          ALEX RAJU
          S/O RAJU, AGED 52 YEARS
          CHINNAKANAL, KUTHUNGALTHERY,
          MONT FORT SCHOOL, CHINNAKANAL,
          IDUKKI DISTRICT, PIN - 685618
          BY ADVS.
          GEORGE ABRAHAM
          JOBY D JOSEPH
          MARY CATHERINE PRIYANKA P.S.


RESPONDENT/S:

    1     DISTRICT COLLECTOR
          CIVIL STATION,
          IDUKKI, PIN - 685602
    2     REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE,
          DEVIKULAM, IDUKKI, PIN - 685613
    3     TAHSILDAR
          UDUMBANCHOLA TALUK,
          IDUKKI DISTRICT, PIN - 685554
    4     VILLAGE OFFICER
          CHINNAKKANAL VILLAGE,
          (VIA) UDUMBANCHOLA,
          IDUKKI DISTRICT, PIN - 685554


          SMT.DEEPA V, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.16628 of 2023
                                        2



                               JUDGMENT

Petitioner is one of the legal heirs of one Raju, who

obtained certain extent of land through Ext.P1 patta issued

by the Special Tahsildar (LA), Rajakumari. According to the

petitioner, the land was mutated in the name of the aforesaid

person. Petitioner, who is the son of Raju, has approached this

Court, being aggrieved by the fact that mutation has not been

effected and land tax has not been received in respect of the

lands belonging to late Raju, which have devolved on the

petitioner as his legal heir, on the ground that there are

certain proceedings in contemplation regarding the

genuineness of patta issued to the predecessor in interest of

the aforesaid Raju.

2. Learned counsel appearing for the petitioner

would submit that similar issue was considered by this Court

in W.P. (C.) No.39431 of 2022, where this Court in paragraph

No.4 held as follows:-

"4. A similar issue was considered by this Court in WPC No.2610/2020, wherein this Court had directed the enquiry to be completed within three months with a rider WPC No.16628 of 2023

that, if the enquiry is not completed within the said three months, the basic tax should be accepted from the petitioner subject to the outcome of the enquiry. The enquiry had been started long back as can be seen from the judgment in WPC No.2610/2020 dated 27.02.2020."

It is submitted that similar directions may be issued in the

case of the lands covered by Ext.P1 patta as well.

3. Learned Government Pleader would submit that

there is no objection in a direction being issued as contained

in the judgment in W.P.(C.). No.39431 of 2022, making it clear

that any mutation and acceptance of land tax from the

petitioner will not prejudice any inquiry or proceedings, that

may be initiated, regarding the genuineness of the patta

under which the petitioner claims to have title to the property.

Accordingly, the writ petition will stand disposed of,

directing the respondents to effect mutations of the

properties owned by the petitioner as per Exts.P1 and P2

documents, without prejudice to any proceedings that may be

initiated by the respondents or any competent authority with

regard to the genuineness of the patta under which the

petitioner claims. I make it clear that mutation and WPC No.16628 of 2023

acceptance of land tax will always be subject to the result of

such proceedings.

Sd/-

GOPINATH P., JUDGE rkj WPC No.16628 of 2023

APPENDIX OF WP(C) 16628/2023

PETITIONER EXHIBITS Exhibit P1 A COPY OF THE PATTA ISSUED BY THE SPECIAL TAHSILDAR (LA) RAJAKUMARI DATE 13-7-1994 Exhibit P2 A COPY OF THE LAND TAX PAID IN THE NAME OF THE PETITIONER'S FATHER DATED 2-8-1995 Exhibit P3 A COPY OF THE DEATH CERTIFICATE DATED 9-11-2008 Exhibit P4 A COPY OF THE AADHAAR CARD OF THE PETITIONER