Kerala High Court
Latha Boban vs The District Collector, Thrissur on 6 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 27510 OF 2018
PETITIONER:
LATHA BOBAN
AGED 54 YEARS, W/O BOBAN,
AKKARAPARAMBIL HOUSE,
FR.VADAKKEN ROAD, NEAR SAKTHAN APARTMENT,
SAKTHAN NAGAR, THRISSUR-680 001.
RESPONDENT/S:
1 THE DISTRICT COLLECTOR, THRISSUR
THRISSUR-680001.
2 THE TAHSILDAR
THRISSUR TALUK., PIN-680 001.
3 THE VILLAGE OFFICER
CHEMBUKAVU, THRISSUR, PIN-680 001.
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.27510/2018
2
P.V. KUNHIKRISHNAN, J.
================================
WP(C) No.27510/2018
=================================
Dated this the 6th day of June, 2024
JUDGMENT
The above writ petition is filed with the following prayers:
i) "Issue a writ in the nature of Mandamus or any
other appropriate writ, direction or order
commanding the respondents to receive property
tax in respect of the properties covered by Exts.
P1 to P5 and P7 sale deeds.
ii) Issue a writ in the nature of Mandamus or any
other appropriate writ, direction or order
commanding the 1st respondent to pass final
orders on Ext.P15 without any further delay.
iii) Issue such other writ, direction or order as are just
and necessary in the facts and circumstances of
the case to meet the ends of justice. [sic]
2. When this writ petition came up for consideration on
31.08.2018, this Court passed the following order.
"Admit. There will be an interim direction to the
respondents, to receive the basic tax in respect of the
property covered by Exhibit P1 to P5 sale deeds,
provisionally and subject to the result of this writ
petition." [sic]
3. The Government Pleader submitted that, the documents
relied by the petitioner are forged documents.
4. The counsel for the petitioner submitted that, a suit is
filed and now the matter is pending before this Court. This
Court only directed the respondents to receive basic tax in
respect of the property covered by Exhibits P1 to P5 sale
deeds. Simply because, basic tax was accepted, no title will
follow. The petitioner has to establish the title by appropriate
proceedings in accordance with law.
Therefore, retaining the interim order dated 31.08.2018, this
writ petition is disposed of. I also make it clear that,
acceptance of tax will be subject to the result of the civil
proceedings pending.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
SLR
APPENDIX OF WP(C) 27510/2018
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE SALE DEED
NO.2493/1999 DATED 29/4/1999 OF
THRISSUR S.R.O.
EXHIBIT P2 A TRUE COPY OF THE SALE DEED
NO.2620/1999 DATED 6/5/1999 OF THRISSUR
S.R.O.
EXHIBIT P3 A TRUE COPY OF THE SALE DEED
NO.3045/1999 DATED 26/5/1999 OF
THRISSUR S.R.O.
EXHIBIT P4 A TRUE COPY OF THE SALE DEED
NO.4938/1999 DATED 31/8/1999 OF
THRISSUR S.R.O.
EXHIBIT P5 A TRUE COPY OF THE SALE DEED
NO.2643/2003 DATED 15/11/2003 OF
THRISSUR S.R.O.
EXHIBIT P6 A TRUE COPY OF THE REGISTERED WILL
BEARING NO.271 DATED 30/6/2003 OF
THRISSUR S.R.O.
EXHIBIT P7 A TRUE COPY OF THE SALE DEED
NO.2346/2006 DATED 31/10/2006 OF
THRISSUR S.R.O.
EXHIBIT P8 A TRUE COPY OF THE BUILDING PERMIT
DATED 7/2/2012 ISSUED TO THE
PETITIONER.
EXHIBIT P9 A TRUE COPY OF THE RECEIPT EVIDENCING
PAYMENT OF PROPERTY TAX DATED 11/6/1999
IN THE NAME OF THANKAMMA THOMAS.
EXHIBIT P9 A TRUE COPY OF THE RECEIPT FOR PAYMENT
OF PROPERTY TAX DATED 11/6/1999 IN THE
NAME OF THANKAMMA THOMAS.
EXHIBIT P9 A TRUE COPY OF THE RECEIPT FOR PAYMENT
OF PROPERTY TAX IN RESPECT DOCUMENT
NO.3045/1999 DATED 11/6/1999 IN THE
NAME OF THANKAMMA THOMAS.
EXHIBIT P10 A TRUE COPY OF THE TAX RECEIPT IN
RESPECT OF THE ENTIRE PROPERTIES FOR
THE YEAR 2001-2002 IN THE NAME OF
THANKAMMA THOMAS DATED 21/7/2001.
EXHIBIT P11 A TRUE COPY OF THE TAX RECEIPT IN
RESPECT OF THE ENTIRE PROPERTIES FOR
THE YER 2002-2002 IN THE NAME OF
THANKAMMA THOMAS DATED 26/10/2002.
EXHIBIT P12 A TRUE COPY OF THE TAX RECEIPT IN
RESPECT OF THE ENTIRE PROPERTIES FOR
THE YEAR 2003-2004 IN THE NAME OF
THANKAMMA THOMAS DATED 21/4/2003.
EXHIBIT P13 A TRUE COPY OF THE TAX RECEIPT FOR THE
PERIOD 2004-2005 DATED 10/11/2004.
EXHIBIT P13 A TRUE COPY OF THE TAX RECEIPT FOR THE
PERIOD 2005-2006 DATED 11/4/2005.
EXHIBIT P13 A TRUE COPY OF THE TAX RECEIPT FOR THE
PERIOD 2006-2007 DATED 5/4/2006.
EXHIBIT P13 A TRUE COPY OF THE TAX RECEIPT FOR THE
PERIOD 2007-2008 DATED 23/4/2007.
EXHIBIT P13 A TRUE COPY OF THE TAX RECEIPT FOR THE
PERIOD 2008-2009 DATED 23/9/2008.
EXHIBIT P13 A TRUE COPY OF THE TAX RECEIPT FOR THE
PERIOD 2008-2009 DATED 25/4/2008.
EXHIBIT P13 A TRUE COPY OF THE TAX RECEIPT FOR THE
PERIOD 2009-2010 DATED 21/4/2009.
EXHIBIT P13 A TRUE COPY OF THE TAX RECEIPT FOR THE
PERIOD 2010-2011 DATED 7/1/2011.
EXHIBIT P13 A TRUE COPY OF THE TAX RECEIPT FOR THE
PERIOD 2011-2012 DATED 20/9/2011.
EXHIBIT P13 A TRUE COPY OF THE TAX RECEIPT FOR THE
PERIOD 2012-2013 DATED 20/3/2013.
EXHIBIT P14 A TRUE COPY OF THE PLAINT IN OS NO.364
OF 2004, SUB COURT, THRISSUR.
EXHIBIT P15 A TRUE COPY OF THE REQUEST BEFORE THE
1ST RESPONDENT DATED 16/12/2017.
