Mini Madhu vs The Taluk Land Board
2023 Latest Caselaw 11179 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
 FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                      WP(C) NO.24894 OF 2023
PETITIONER:

            MINI MADHU, AGED 55 YEARS
            D/O.LATE MADHUSOODHANAN, CHETTIYATHKULAMBU KALAM
            P.O.KARIPODE, PALAKKAD DISTRICT,
            NOW RESIDING AT KANNACHERY HOUSE, KAVILKADAVU,
            P.O. KODUNGALLUR, THRISSUR DISTRICT, PIN - 680664
            BY ADV JEENA JOSEPH


RESPONDENTS:

    1       THE TALUK LAND BOARD
            CHITTUR, PALAKKAD DISTRICT, PIN - 678101
    2       THE TAHSILDAR, CHITTUR, TALUK OFFICE,
            CHITTUR, PALAKKAD DISTRICT, PIN - 678101
    3       THE VILLAGE OFFICER
            PUTHUNAGARAM VILLAGE, P.O. PUTHUNAGARAM,
            PALAKKAD DISTRICT, PIN - 678503
            BY SRI.BIMAL K.NATH, SR.GOVERNMENT PLEADER

     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   27.10.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.24894 OF 2023               2




                               JUDGMENT

The petitioner is the owner of an extent of 7

E/8, 80 E/4, 75 C/9, 75 C/1 & 62/7 obtained by

virtue of Ext.P2 partition deed and Ext.P3 will.

The grievance of the petitioner is that the

3rd respondent is not effecting mutation in respect

of the said property on the ground that there are

ceiling cases pending against the petitioner's

father as C.C.Nos.929/1973, 1033/1973, 1181/1973 &

1183/1973. Ext.P7 is the communication issued by

the Village Officer informing the petitioner that

because of the pendency of the aforesaid ceiling

cases, the land tax cannot be accepted.

Challenging Ext.P7, the petitioner has approached

this Court.

2. Heard the learned counsel for the

petitioner as well as the learned Senior

Government Pleader appearing for the respondents.

3. The learned Senior Government Pleader,

referring to the statement filed on behalf of the

3rd respondent, submits that it is because of the

pendency of the ceiling cases that the land tax is

not accepted from the petitioner.

4. This Court, in Kayi Resorts (P) Ltd. v.

District Collector, Kottayam [2022 (7) KHC 503]

has held that mutation cannot be refused to be

effected for reason of pendency of ceiling

proceedings.

5. In the light of the said decision, there

will be a direction to the 3rd respondent to effect

mutation of the property of the petitioner

referred to above, at the earliest, at any rate,

within a period of six weeks from the date of

receipt of a certified copy of this judgment.

Thereafter, the land tax shall also be accepted

from the petitioner. It is made clear that

effecting mutation under the Transfer of Registry

Rules will not affect any proceedings initiated

under the Kerala Land Reforms Act in the aforesaid

ceiling cases.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

sp/27/10/2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE PHOTOCOPY OF THE RELATIONSHIP CERTIFICATE ISSUED BY THE PUTHUNAGARAM VILLAGE OFFICE DATED 21/01/2020. EXHIBIT P2 A TRUE PHOTOCOPY OF THE PARTITION DEED NO.379/1970 DATED 17/07/1970 EXHIBIT P3 A TRUE PHOTOCOPY OF THE WILL DEED DATED 16/08/1983 EXHIBIT P4 A TRUE PHOTOCOPY OF THE TAX RECEIPT ISSUED BY THE PUTHUNAGARAM VILLAGE OFFICE ON 14/09/2007 EXHIBIT P5 A TRUE PHOTOCOPY OF THE ORDER IN CRP NO.107/91 OF THE HONOURABLE HIGH COURT OF KERALA DATED 31/03/1992.

EXHIBIT P 6              A TRUE PHOTOCOPY OF THE APPLICATION
                         SUBMITTED   BY    THE   PETITIONER    ON

03/06/2023 BEFORE THE 3RD RESPONDENT. EXHIBIT P7 A TRUE PHOTOCOPY OF THE REPLY GIVEN BY THE 3RD RESPONDENT DATED 21/06/2023.