Kerala High Court
Geetha vs State Of Kerala 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. 17977 OF 2024
PETITIONER:
GEETHA
AGED 53 YEARS
W/O.SUNDAR RAJ, NEDUMBALAPPADI HOUSE, MEPPADI.P.O.,
THRIKKAIPPETTA, WAYANAD DISTRICT., PIN - 673577
BY ADVS.
ZAKEER HUSSAIN
K.A.SANJEETHA
MOHAMMED ZAMAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN -
695001
2 THE TAHSILDAR
VYTHIRI TALUK OFFICE, VYTHIRI, WAYANAD., PIN - 673576
3 THE VILLAGE OFFICER
THRIKKAIPPETTA VILLAGE, WAYANAD., PIN - 673577
OTHER PRESENT:
SR GP -DEEPA ANARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.17977 of 2024 2
VIJU ABRAHAM,J
-----------------------
W.P.(C).No.17977 of 2024
---------------------------------
Dated this the 21st day of May, 2024
JUDGMENT
Petitioner has approached this Court seeking a
direction to the 3rd respondent to issue Thandaper
Certificate, Possession Certificate and other
necessary certificates to the petitioner in respect
of the property covered under Ext.P1 title deed and
Ext.P2 tax receipt.
2. Petitioner is the owner of 3.65 Ares of
property in Block No.29 in Re-Sy.No.598/20 of
Thrikkalppetta Village, Wayanad District obtained
as per Ext.P1 sale deed. After the said purchase
the property was mutated in the name of the
petitioner and the petitioner has been remitting
basic tax of the property, as is evident from
Ext.P2 tax receipt. When the petitioner approached
the 3rd respondent for issuance of Thandaper
Certificate and other revenue certificates for
effecting transfer of the said property, the same
was declined stating the reason that the property
originally was in the name of M/S.Harisons
Malayalam Ltd. Petitioner submits that the stand
taken by the 3rd respondent is absolutely arbitrary
in as much as similar issues were considered by
this Court as per Exts.P3 and P4 judgments, reliefs
have been granted in respect of similarly situated
persons.
3. It is trite law that effecting mutation or
paying land tax will not amount to declaration of
title of a person who is effecting the payment or
the person in whose name the mutation has been
effected as the proceedings are only for fiscal
purpose. If the only reason for not taking further
proceedings on the request made by the petitioner
is that the property held by the petitioner is
fragmented from a large portion of property
exempted as a plantation, I am of the opinion that
in the light of Exts.P3 and P4 judgments, a
direction could be issued to the respondents to
issue Thandaper Certificate, Possession certificate
and other Revenue Certificates to the petitioner
herein, without prejudice to the contention of the
State regarding the question of title that may be
raised by them in appropriate civil proceedings.
Accordingly, the writ petition is disposed of
directing the 3rd respondent to issue Thandaper
Certificate, Possession Certificate and other
necessary certificates to the petitioner in respect
of the property covered by Exts.P1 title deed and
Ext.P2 tax receipt as expeditiously as possible at
any rate within a period of one month from the date
of receipt of a copy of this judgment, if the
application of the petitioner is otherwise in
order. It is made clear that the issuance of the
revenue 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
appropriate civil proceedings that may be
instituted by them in that regard.
sd/-
VIJU ABRAHAM,
JUDGE
pm
APPENDIX OF WP(C) 17977/2024
PETITIONER'S EXHIBITS
Exhibit.P1 TRUE COPY OF THE SALE DEED NO.
1486/2020 DATED 27/07/2020 OF KALPPETTA
SUB REGISTRY OFFICE.
Exhibit.P2 TRUE COPY OF THE TAX RECEIPT DATED
15/04/2024 ISSUED BY THE 3RD RESPONDENT
IN RESPECT OF PETITIONER'S 3.65 ARES OF
PROPERTY.
Exhibit.P3 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
35170/2018 DATED 12/11/2018.
Exhibit.P4 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
13671/2024 DATED 03/04/2024.
