Titto Tenny vs State Of Kerala
2023 Latest Caselaw 7106 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
        FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                        WP(C) NO. 31251 OF 2013
PETITIONER:

           TITTO TENNY
           AGED 26, S/O K.M.TENNY, KONIKKARA HOUSE,
           THRISSUR DISTRICT - 680 005.
           CHEMBUKARA VILLAGE.
           BY ADV SRI.C.PRABIN BENNY


RESPONDENTS:

    1      STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY
           SECRETARIAT, THIRUVANANTHAPRUAM - 695 001.
    2      THE COMMISSIONER OF LAND REVENUE,
           PUBLIC OFFICE BUILDING
           MUSEUM JUNCTION, THIRUVANANTHAPRUAM - 695 001.
    3      THE DISTRICT COLLECTOR, KOLLAM - 691 001.
    4      THE VILLAGE OFFICER,
           KOLLAM WEST VILLAGE, KOLLAM - 694 007.
    5      KOLLAM CORPORATION, REPRESENTED BY ITS SECRETARY
           KOLLAM CORPORATION, KOLLAM - 691 001.


           SMT.VINITHA.B-SENIOR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.31251 of 2013
                                           2




                                     JUDGMENT

Dated this 23rd day of June, 2023

The writ petition is filed for a direction to the 4 th respondent to

accept the Land Tax payable and also to issue the possession certificate of

the property in question.

2. It is submitted by both sides that an identical matter has

been considered by this Court in the judgment in W.P.(C) No.16345 of

2012, wherein it is held that though the Government has raised a claim

over the property and that the matter is pending adjudication before the

civil court, there is no justification for refusing to accept the basic tax or

for denying certificates in respect of the properties. Even if the pending

matter is decided in favour of the Government, a decision will have to be

taken by the Government as far as the property acquired by the Kollam

Development Authority from M/s.Harrisons Malayalam Ltd. is concerned.

Till such time, it will not be just to prevent the petitioners from enjoying

the property.

3. In view of the above, there will be a direction to the 4 th

respondent to accept the basic tax in respect of the properties of the

petitioner and also to issue possession certificate as claimed by them.

The writ petition is ordered, accordingly.

Sd/-

MOHAMMED NIAS C.P.

JUDGE SMF W.P.(C) No.31251 of 2013

APPENDIX OF WP(C) 31251/2013

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 27-

10-2004 ISSUED IN THE NAME OF JAYAPRAKASH EXHIBIT P2 TRUE COPY OF TAX RECEIPT DATED 17-02-

2007 ISSUED IN THE NAME OF PETITIONER'S SISTER TINU AS WELL AS HER HUSBAND LIJOY THATTIL EXHIBIT P3 TRUE COPY OF LETTER NO L4 65723-09 DATED 24-05-2010 ISSUED BY THE 3RD RESPONDENT ADDRESSED TO 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF REPORT OF THE 3RD RESPONDENT NO L4-65723-09 DATED 25-10-

EXHIBIT P5 TRUE COPY OF INTERIM ORDER DATED 12-10-

2012 IN WPC NO 16345/12