Kerala High Court
Usman.M vs State Of Kerala on 16 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
WP(C) NO. 9917 OF 2023
PETITIONER:
USMAN.M
AGED 37 YEARS
S/O.MUHAMMED.M.,
MOOCHIKKADAN HOUSE, KOTTAPPADY,
KOTTANAD.P.O., WAYANAD, PIN - 673577
BY ADVS.
ZAKEER HUSSAIN
K.A.SANJEETHA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 THE SPECIAL OFFICER
GOVT. LAND RESUMPTION STATE SPECIAL OFFICE,
PUBLIC OFFICE BUILDING, MUSEUM JUNCTION,
THIRUVANANTHAPURAM, PIN - 695033
3 THE TAHSILDAR
VYTHIRITALUK OFFICE, VYTHIRI,
WAYANAD, PIN - 673576
4 *THE VILLAGE OFFICER
VELLARIMALA VILLAGE, VYTHIRI -673576
*CORRECTED AS THE VILLAGE OFFICER,
THRIKKAIPETTA VILLAGE,
WAYANAD DISTRICT - 673577
THE NAME AND ADDRESS OF 4TH RESPONDENT IS CORRECTED AS
PER ORDER DATED 11-04-2023 IN IA 1/2023 IN WPC
9917/2023).
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.9917 OF 2023 :2:
JUDGMENT
Dated this the 16th day of October, 2023
The prayer in this writ petition is for a direction to the
4th respondent to accept the land tax from the petitioner
and to issue thandaper certificate and other necessary
certificates in respect of the properties covered by Exts.P1
and P2 sale deeds. The 4th respondent refused to grant
thandaper certificate on the ground that the property is
situated in Wayanad District and the title of which was
originally in the name of M/s Harrisons Malayalam Ltd.
2. The learned counsel for the petitioner submits that
this Court in Ext.P7 judgment, has issued direction to the
respondents to accept the basic land tax from the
petitioners therein and also to issue thandaper account
number certificate, possession certificate, location sketch
etc., without prejudice to the contentions of the
State/respondents regarding the question of title that may
be raised by them in any appropriate civil proceedings that
may be instituted by them in that regard.
3. Heard the learned counsel for the petitioner and
the learned Government Pleader.
In the light of Ext.P7 judgment, this writ petition is
disposed of, directing the 4th respondent to accept the land
tax from the petitioner and to issue thandaper certificate
and other necessary certificates in respect of the properties
covered by Exts.P1 and P2, at the earliest, at any rate,
within a period of one month from the date of receipt of a
copy of this judgment. It is made clear that the acceptance
of land tax as well as the issuance of thandaper certificate
and other certificates will be without prejudice to the right
of the State/respondents with regard to the question of title
that may be raised by them in any appropriate civil
proceedings that may be instituted by them in that regard.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
csl
APPENDIX OF WP(C) 9917/2023
PETITIONER'S EXHIBITS
Exhibit.P1 TRUE COPY OF THE SALE DEED NO.
2452/18 DATED 06/09/2018 OF
KALPPETTA SUB REGISTRY OFFICE.
Exhibit.P2 TRUE COPY OF THE SALE DEED NO.
2457/18 DATED 06/09/2018 OF
KALPPETTA SUB REGISTRY OFFICE.
Exhibit.P3 TRUE COPY OF THE TAX RECEIPT DATED
29/08/2022 ISSUED BY THE 4TH
RESPONDENT.
Exhibit.P4 TRUE COPY OF THE JUDGMENT DATED
12/04/2018 IN W.P(C) NO. 13227/2018.
Exhibit.P5 TRUE COPY THE JUDGMENT IN W.P.(C)
NO.26062/2018 DATED 13/08/2018.
Exhibit.P6 TRUE COPY THE JUDGMENT IN W.P.(C)
NO.32461/2018 DATED 05/10/2018.
Exhibit.P7 TRUE COPY OF THE JUDGMENT IN W.P(C)
NO. 35170/2018 DATED 12/11/2018.
Exhibit.P8 TRUE COPY OF THE JUDGMENT IN W.P (C)
NO.40869/2022 DATED 24/02/2023.
