Kerala High Court
Lakshmi 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. 17996 OF 2024
PETITIONER:
LAKSHMI,
AGED 77 YEARS,
D/O.LATE.JANU POOJARI, SNEHA DEEPAM, VELLARIMALA,
PUTHUMALA, 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.17996 of 2024 2
VIJU ABRAHAM,J
-----------------------
W.P.(C).No.17996 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 and other
co-owners in respect of the property covered under
Ext.P1 sale deed and Ext.P2 tax receipt.
2. Petitioner is the co-owner of 98.65 Ares of
property in Block No.29 in Re-Sy.No.615/10 of
Thrikkaippetta 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 sale
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) 17996/2024
PETITIONER'S EXHIBITS
Exhibit.P1 TRUE COPY OF THE SALE DEED NO. 965/1970
DATED 13/05/1970 OF VYTHIRI SUB
REGISTRY OFFICE .
Exhibit.P2 TRUE COPY OF THE TAX RECEIPT DATED
30/04/2024 ISSUED BY THE 3RD RESPONDENT
IN RESPECT OF THE 98.65 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.
