Kerala High Court
The St. John’S Church vs The Tahsildar (Lr) on 21 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 9937 OF 2024
PETITIONERS:
1 THE ST. JOHN'S CHURCH
KONTHURUTHY,THEVARA, ELAMKULAM VILLAGE,
KANAYANNUR TALUK, COCHIN , REP. BY ITS
PIN - 682013
2 A) VICAR, REV. FR. PAUL CHITTINAPALLY
S/O. VARGHESE, THE ST. JOHN'S CHURCH,
KONTHURUTHY, THEVARA, ELAMKULAM VILLAGE,
KANAYANNUR TALUK, COCHIN., PIN - 682013
3 B) TRUSTEE, JOHN MATHEW KALATHIVEETTIL
S/O. MATHEW THOMAS, CASA JOHNS, 58/113,
K.T.MATHEW MASTER ROAD, KONTHURUTHY,
COCHIN., PIN - 682013
4 C) TRUSTEE THOMAS P. KANATT
S/O. K.T.PAPPY,KANATT HOUSE,
KONTHURUTHY, COCHIN., PIN - 682013
5 2. THE ST. JOSEPH CHURCH KADAVANTHRA
K.P.VALLON ROAD, KADAVANTHRA, KOCHI,
REP. BY ITS:, PIN - 682020
6 A) VICAR, FR. BENNICHAN JOHN MARAMPARAMBIL
S/O. OUSEPH JOHN, ST. JOSEPH CHURCH,
KADAVANTHRA, K.P.VALLON ROAD,
KADAVANTHRA, KOCHI., PIN - 682020
7 B) TRUSTEE, FR. JOHN K.T
S/O. THOMAS, KATTUPARAMBIL HOUSE,
ST. JOSEPH CHURCH ROAD, KADAVANTHRA,
COCHIN., PIN - 682020
8 C) TRUSTEE. LONAPPAN K.D
S/O. DEVASSY, KONOPARAMBAN HOUSE,
VIDYA NAGAR, K.P.VALLON ROAD, KADAVANTHRA,
COCHIN., PIN - 682020
BY ADVS.
DINESH R.SHENOY
SILESH S. PRABHU
JOMOL PIUS
WP(C) No.9937 of 2024 2
RESPONDENTS:
1 THE TAHSILDAR (LR)
KANAYANNUR, TALUK OFFICE, KANAYANNUR TALUK,
COCHIN ., PIN - 682011
2 THE VILLAGE OFFICER.
ELAMKULAM VILLAGE, ELAMKULAM,
COCHIN., PIN - 682020
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()
OTHER PRESENT:
GP - DEEPA V
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.9937 of 2024 3
VIJU ABRAHAM, J.
.................................................................
W.P.(C) No.9937 of 2024
.................................................................
Dated this the 21st day of May, 2024
JUDGMENT
The petitioners have approached this Court seeking a direction to the
respondents to receive tax in respect of the properties comprised in survey
nos.845/2,3, 847/6 and 850/1,2 of Elamkulam Village, which are covered by
Exts.P1 to P3, which are in the absolute ownership and possession of the
petitioners and to grant consequential ROR certificate, tax receipt and
possession and location certificate within a time limit to be fixed by this
Court.
2. It is averred that the 1st petitioner is a very ancient church which was
set up centuries ago and was allotted vast lands by the then Rulers of
Cochin as 'Puravaka and Pandaravaka Verumpattom' as per Patta no.130,
copy of which is produced as Ext.P1. The land is shown as land
outstanding in the ownership and possession of the 1 st petitioner church
even as per Ext.P2 settlement register which dates back to the beginning of
the 20th century. Petitioners submit that in Ext.P2 the patta number has
been recorded. Based on the patta the property was mutated in the name
of the 1st petitioner church and the 1st petitioner was enjoying and paying
land tax in respect of the said property even before independence of India
and thereafter, after the formation of the State of Kerala in thandaper
no.130 as is evident from Ext.P3 BTR. Petitioners submit that the 5 th
petitioner (wrongly shown as 2nd petitioner in the writ petition) is a subsidiary
church formed under the 1st petitioner and properties comprised in survey
nos.845/2 (23 cents), 845/3 (5 cents), 847/6 (9 cents), 850/1 (53 cents) and
850/2 (4 cents) which are originally under the ownership and possession of
the 1st petitioner church have been transferred to the possession of the 5th
petitioner and thereafter 5th petitioner is in absolute possession and
enjoyment of the said properties from 1972 onwards. In the said properties
schools are situated which have been started by the 5 th petitioner and the
tax in respect of the said buildings were remitted by the 5 th petitioner as is
evident from Ext.P4. The 5th petitioner submitted Ext.P6 application before
the 1st respondent producing copies of the abovesaid records and
requesting that a certificate may be issued together with ROR and tax
receipt in respect of the abovesaid lands as expeditiously as possible so as
to enable the registration of a settlement deed by the 1 st petitioner in favour
of the 5th petitioner. The 5th petitioner has also produced Ext.P7
encumbrance certificate before the respondents to show that nobody else is
claiming any right over the said lands as per the records of the Sub
Registry. Petitioners submit that Ext.P1 patta has been misplaced decades
ago and could not be traced out. Though the petitioners have made every
effort to obtain a certified or duplicate copy of the same from all authorities,
including the archives, office of the Tahsildar and other land revenue offices
they are not able to obtain certified copy of the same. It is in the said
circumstances that the petitioners have approached this Court. Petitioners
further submit that Ext.P6 application is pending consideration before the 1 st
respondent and that the matter has been posted to 12.06.2024 for further
consideration. Petitioners would further submit that a perusal of Ext.P1
would reveal that the same has been produced before the Special
Tahsildar(LR), Cochin Corporation which would reveal the veracity of the
same.
3. Learned Government Pleader upon instructions submitted that the
application is pending consideration and it is for the petitioners to produce
all the documents in support of their contentions.
The only lacuna is non-availability of original of Ext.P1 patta. It is the
contention of the petitioners that it has been lost irrecoverably and in spite
of sincere efforts a copy of the same could not be secured for the reason
that the same is not available with the revenue authorities. Petitioners
submit that in Ext.P2 settlement register there is a reference to Ext.P1 patta
and that tax was paid in respect of the said properties as is evident from
Ext.P3. It is seen that patta is prior to independence. Even though only a
copy of Ext.P1 is produced, reference of the same could be seen in Ext.P2
and that tax was paid as per Ext.P3. Further a perusal of Ext.P1 would
reveal that the original of the patta was produced before the Special
Tahsildar (LR) Cochin corporation also. Therefore, the authorities should
verify the issuance of Ext.P1 patta in favour of the petitioners and its
veracity as the petitioners in spite their sincere efforts could not get a
certified copy of Ext.P1 patta. In view of the above, the writ petition is
disposed of as follows:
The 1st respondent shall conduct an enquiry into the issuance of
Ext.P1 patta to his satisfaction. Thereafter the 1 st respondent shall take a
decision on Ext.P6 application taking into consideration Exts.P2 and P3
documents.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 9937/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF PATTA NO.130 ISSUED IN
THE NAME OF THE FIRST PETITIONER.
Exhibit P2 TRUE TYPED COPY OF EXTRACT OF THE
SETTLEMENT REGISTER RELATING TO THE
RELEVANT SURVEY NUMBER.
Exhibit P3 TRUE PHOTOCOPY OF THANDAPER ACCOUNT
NO.130, ELAMKULAM VILLAGE, STANDING IN
THE NAME OF THE FIRST PETITIONER CHURCH.
Exhibit P4 TRUE PHOTOCOPY OF PROPERTY TAX RECEIPT
NO.022315 DATED 9/4/2002, CORPORATION OF
COCHIN.
Exhibit P5 TRUE PHOTOCOPY OF BASIC TAX RECEIPT
NO.KL07022322053/2023 DATED 8/11/2023.
Exhibit P6 TRUE PHOTOCOPY OF APPLICATION DATED
3/1/2024 SUBMITTED BY THE 2ND PETITIONER
BEFORE THE FIRST RESPONDENT.
Exhibit P7 TRUE PHOTOCOPY OF ENCUMBRANCE
CERTIFICATE ID NO.P29195193 DATED
14/2/2024.
