Vijumon vs The Village Officer
2023 Latest Caselaw 6892 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                   WP(C) NO. 27301 OF 2022
PETITIONER:

           VIJUMON
           AGED 44 YEARS
           S/O. VIDYADHARAN, PALLATTUKUZHIYIL HOUSE,
           VELLOOR, IRUMPAYEM P.O., VAIKOM, PIN - 686605
           BY ADVS.
           B.A. ALOOR
           K.P.PRASANTH(K/000536/2017)
           ARCHANA SURESH(K/001409/2018)
           T.S.KRISHNENDU(K/000685/2018)
           HARITHA HARIHARAN(K/1436/2023)
           ARDRA P.(K/001777/2023)


RESPONDENTS:

    1      THE VILLAGE OFFICER
           MULAKKULAM VILLAGE, MULAKKULAM, VAIKOM,
           KOTTAYAM DISTRICT,, PIN - 686664
    2      THE TAHSILDAR
           VAIKOM TALUK, VAIKOM, KOTTAYAM DISTRICT, PIN -
           686606
           SRI.RIYAL DEVASSY[G.P]


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.27301 OF 2022

                                   2




                          JUDGMENT

The petitioner assails Ext.P7 - Record of Rights

Certificate, in his name, to the extent to which it contains an

endorsement that only an extent of 1.53 Ares of land remains

in his account, as against 22.68 Ares mentioned therein. He

points out that the sole reason why Ext.P7 contains an

endorsement is because the Village Officer has unilaterally

found that he has made transactions with respect to the

property and that only 1.53 Ares is now available. He argues

that this is factually incorrect, thus being, therefore, illegal

and unlawful; and prays that the impugned endorsement on

Ext.P7 be set aside and the entire extent of 22.68 Ares of

land be directed to be accounted in his name, so that he can

pay land tax on it.

2. The afore submissions of the petitioner, as voiced

by his learned counsel, Sri.B.A.Aloor, were answered by

Sri.Riyal Devassy - learned Government Pleader, relying upon

the statement filed on behalf of the 2 nd respondent. He

pointed out that, even though, originally, the petitioner's

father was the owner of 18.61 Ares of land as per Sale Deed

No.37/2007, only an extent of 17.81 Ares of land was left WP(C) NO.27301 OF 2022

behind in his parent "Tandaper" account. He added that,

subsequently, 8.19 Ares of land was sold by him, through

Sale Deed No.4071/2007, and another 8.90 Ares through Sale

Deed No.2302/2012; and that, therefore, the balance now left

is only 1.53 Ares. He, however, agreed that these were

transactions in the name of Sri.Vidyadharan - father of the

petitioner; but that, in Ext.P7, the extent shown is still 22.68

Ares, arguing that this would be of no consequence because

only that extent which is available can be allowed to be

transacted by the petitioner, or allowed to be remitted land

tax on it. He, thus prayed that this Writ Petition be

dismissed.

3. Even though I have heard the learned Government

Pleader on the afore lines, the fact remains that specific case

of the petitioner is that while making the impugned

endorsement in Ext.P7 he had not been heard. His counsel

Sri.B.A.Aloor vehemently submits that, had been given an

opportunity, his client could have produced all relevant

documents to establish that the extent of 22.68 Ares, which

was originally transferred in Registry in his name and over

which he had a "Thandaper" Account, still available with him

and that the transactions reflected in the aforementioned WP(C) NO.27301 OF 2022

statement filed by the respondents are inaccurate and without

any tenable basis.

4. Prima facie, there is some force in the submissions

of the petitioner because, Ext.P7 does not contain any reason

as to why the petitioner's extent of land has been shown to

be only 1.53 Ares, against 22.68 Ares mentioned therein.

Though an explanation has been made available to this Court

in the pleadings, it is now well settled, through the judgment

of the Honourable Supreme Court in Mohinder Singh Gill

and another v. Chief Election Commissioner, New Delhi

[AIR 1978 SC 851], that an order will have to be supported

by its own contents and not by pleadings subsequently made

when the same is under challenge.

5. I, therefore, have no doubt that, before making the

impugned endorsement on Ext.P7, the Competent Authority

ought to have heard the petitioner and to have given him an

opportunity to explain his position.

In the afore circumstances, I order this Writ Petition and

direct the competent among the respondents to hear the

petitioner and take a fresh decision on his request for the

issuance of a Record of Rights Certificate claimed by him, as

expeditiously as is possible, but not later than two months from WP(C) NO.27301 OF 2022

the date of receipt of a copy of this judgment.

I clarify that I have not entered into the merits of the

contentions of the rival parties and that they are all left open

to be decided by the Competent Authority in terms of the

afore directions; and further that my observations herein

need not fetter or influence him in any manner whatsoever.

Sd/- DEVAN RAMACHANDRAN, JUDGE lsn WP(C) NO.27301 OF 2022

APPENDIX OF WP(C) 27301/2022

PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE SETTLEMENT DEED NO.920/2018 DATED 29.06.2018 OF SRO THALAYOLAPARAMBU Exhibit P2 THE COPY OF THE SALE DEED NO.37/2007 OF SRO THALAYOLAPARAMBU DATED 04.01.2007, Exhibit P3 THE COPY OF THE LAND TAX PAYMENT RECEIPT DATED 24.02.2018, PAID BY FATHER OF THE PETITIONER WITH RESPECT TO 22.68 ARES OF LAND COVERED BY EXT.P2 TITLE DEED Exhibit P4 THE COPY OF THE POSSESSION CERTIFICATE DATED 05.03.2018 ISSUED IN FAVOUR OF THE FATHER OF THE PETITIONER WITH RESPECT TO THE LANDED PROPERTY HAVING THE EXTENT OF 22.68 ARES IN RE.SY.NO.703/3 Exhibit P5 THE COPY OF THE LAND TAX PAYMENT RECEIPT DATED 12.05.2022 Exhibit P6 THE COPY OF THE POSSESSION CERTIFICATE DATED 06.08.2022 ISSUED BY THE VILLAGE OFFICER, MULAKKULAM Exhibit P7 THE COPY OF THE ROR ISSUED BY THE 1 ST RESPONDENT DATED 30.07.2022 Exhibit P8 THE CERTIFICATE OF ENCUMBRANCE ISSUED FOR THE PROPERTY IN RE.SMULY.NO.703 /3 MULAKKULAM VILLAGE RESPONDENT ANNEXURES ANNEXURE R2 (a) TRUE COPY OF THE THANDAPER ACCOUNT NO.16408 ISSUED BY THE VILLAGE OFFICER,MULAKKULAM ANNEXURE R2 (b) TRUE COPY OF ENCUMBRANCE CERTIFICATE ISSUED BY THE REGISTRATION DEPARTMENT TRUE COPY

P.A TO JUDGE

LSN