M J James vs The State Of Kerala
2023 Latest Caselaw 2949 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                        WP(C) NO. 9550 OF 2022
PETITIONER:

          M J JAMES,
          AGED 57 YEARS,
          S/O. JOSEPH, MAPPUMCHERIYIL, KURIKKAL HOUSE,
          THUTHIYOOR, CSEZ P.O., ERNAKULAM, PIN-682 037.
          BY ADVS.
          P.J.MATHEW
          EBIN MATHEW
          AKHILA SHOJI
          A.JOSEPH GEORGE


RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          REGISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.
    2     THE THAHSILDAR,
          KANAYANOOR TALUK, PARK AVE, NEAR SUBHASH PARK,
          MARINE DRIVE, ERNAKULAM, PIN-682 011.
    3     VILLAGE OFFICER,
          VILLAGE OFFICE, VAZHAKKALA, N.G.O.QUARTERS, VAZHAKKALA,
          ERNAKULAM, PIN-682 030.

          BY SRI BIMAL K NATH, SR. GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9550 OF 2022

                                       2


                                 JUDGMENT

The petitioner claims to be the owner of 2.46 ares of land in

Re Sy No.215/12 in Re Sy Block No.9 of Vazhakala Village by

virtue of Ext.P1 sale deed. It is the grievance of the petitioner

that though the property covered by Ext.P1 was mutated in

favour of the petitioner and land tax was also accepted, the

petitioner could not pay the land tax in respect of the entire

extent of property. According to the petitioner, there is no

rhyme or reason not to accept basic land tax from the petitioner

in respect of the entire extent of property covered by Ext.P1.

2. On 08.06.2022, this Court passed the following order:

"The learned Government Pleader on instructions

submits that there is a mistake in the Thandaper account

and as at present the Thandaper account in which the

petitioner was paying tax does not hold any land. It

appears that a mistake has occurred and process of

rectification is going on. The Government Pleader further

submits that the Surveyor has already been addressed

and after getting a report from the Surveyor alone, the

correction can be carried out. Since there is dearth of

Surveyors, it is submitted that there is a delay. In such WP(C) NO. 9550 OF 2022

circumstances, there will be a direction to the 2 nd

respondent to address the Surveyor and get the report

from the Surveyor at the earliest, at any rate, within two

months from the date of receipt of a copy of this order.

After obtaining the report, necessary corrections shall be

made to facilitate the petitioner to pay the tax."

3. When this matter is taken up for consideration today,

it is the submission of the learned Senior Government Pleader

that on completion of survey, it was found that if the claim of the

petitioner is accepted, there will be a reduction in respect of the

extent of land registered in the name of one Chayikkodath

Vincent, who is the next door neighbour of the petitioner.

4. The learned counsel appearing for the petitioner

would submit that no land tax is being accepted from the said

Chayikkodath Vincent also and the proceedings may be directed

to be completed at the earliest so as to enable the petitioner to

pay land tax and to use the property as security for obtaining a

loan, which is urgently required, as projected in the writ petition.

5. Having heard the learned counsel appearing for the

petitioner and the learned Senior Government Pleader appearing

for the respondents, this writ petition will stand disposed of

directing the Tahsildar (Land Records), Kanayannoor Taluk, WP(C) NO. 9550 OF 2022

Ernakulam, to consider the grievance raised by the petitioner

also having reference to the survey completed in terms of the

order dated 08.06.2022, within a period of two months from the

date of receipt of a certified copy of this judgment. Considering

the submission that the acceptance of the claim of the petitioner

will result in the reduction of the land presently held in the name

of Chayikkodath Vincent, the Tahsildar (Land Records) shall

finalize the matter, after issuing notice to the aforesaid person as

well.

The writ petition will stand disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 9550 OF 2022

APPENDIX OF WP(C) 9550/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE DEED NO.1265/2010 OF THRIKKAKARA SUB REGISTRY.

Exhibit P2 A TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2010-2011 DATED 29.9.2010.

Exhibit P3 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE OF THE PROPERTY FROM DATED 18.2.2022.

Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 23.2.2022.

Exhibit P5 A TRUE COPY OF REPORT SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. Exhibit P6 A TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF 2ND RESPONDENT TO THE REPRESENTATION SUBMITTED BY THE PETITIONER.