Kerala High Court
Satheesh Kumar M D vs The Tahsildar on 4 June, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 17500 OF 2024
PETITIONER:
SATHEESH KUMAR M D
AGED 53 YEARS
S/O DIVAKARAN NAIR, METTINPURATHU HOUSE, ETTUMANOOR P
O, KOTTAYAM,KERALA STATE, PIN - 686631
BY ADVS.
VARUGHESE M EASO
VIVEK VARGHESE P.J.
RESPONDENTS:
1 THE TAHSILDAR
PEERMADE, PEERMADE P O, IDUKKI DISTRICT, PIN - 685531
2 THE VILLAGE OFFICER
VAGAMON VILLAGE, VAGAMON P O, IDUKKI DISTRICT, PIN -
688503
SENIOR GOVERNMENT PLEADER, ADV. JAFFER KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17500 OF 2024
2
JUDGMENT
Dated this the 4th day of June, 2024
A.MUHAMED MUSTAQUE(J)
In this writ petition, the petitioner claims title over the
property comprised in Survey No.724 of Vagamon Village.
There are proceedings initiated against the above property on a
complaint made by the wife of Mr.Jolly Stephen, from whom the
petitioner purchased the above property. She complained that
Mr.Jolly Stephen obtained the said property illegally by
fabricating documents. The enquiry regarding the complaint is
going on. Hence, the revenue officials refused to accept land
tax against the said property. This resulted in filing large
number of writ petitions before this Court and this Court issued
directions in several writ petitions. Exts.P7 and P8 are some of
the judgments.
In the light of the above judgments, this writ petition is
disposed of with the following directions:
WP(C) NO. 17500 OF 2024
(i) The basic tax shall be accepted from the petitioner
subject to any intimation for cancellation of patta.
(ii) If the proceedings are initiated for cancellation of
patta, that shall be concluded within a period of six
months.
It is also made clear that, the District Collector shall
ensure that the proceedings are culminated without any delay,
after issuing notice to the party concerned, atleast within a
period of six months.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK
WP(C) NO. 17500 OF 2024
APPENDIX OF WP(C) 17500/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO 3129/23/I
OF PEERUMEDU SUB REGISTRY OFFICE, DT.
31-10- 2023
Exhibit P2 TRUE COPY OF THE NIJASTHITHI CERTIFICATE
NO 3379/16 DATED 03/05/2016 ISSUED BY
THE 1ST RESPONDENT TO THE PREVIOUS OWNER
OF THE EXHIBIT P1 PROPERTY
Exhibit P 3 TRUE COPY OF THE PATTA NO. 78/89 OF
VAGAMON VILLAGE
Exhibit P4 TRUE COPY OF THE POSSESSION CERTIFICATE
NO. 698/2007 DATED 04/05/2007 ISSUED BY
THE OFFICE OF THE 2ND RESPONDENT
Exhibit P5 TRUE COPY OF THE LAND TAX RECEIPT NO
2937167 DATED 26/06/2012 ISSUED BY THE
OFFICE OF THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE LAND TAX RECEIPT NO
1855905 DATED 25/10/2023 ISSUED BY THE
OFFICE OF THE 2ND RESPONDENT TO THE
EXECUTANT OF EXHIBIT P1
Exhibit P7 TRUE COPY OF THE JUDGMENT OF THIS
HONORABLE COURT DATED 13/09/2021 IN WP ©
NO 1392 OF 2021
Exhibit P8 TRUE COPY OF THE COMMON JUDGMENT OF THIS
HONOURABLE COURT DATED 21/08/2020 IN
WP(C) NOS. 14768/2020, 14823/2020,
14849/2020, & 14872/2020
