Kidangayam Muslim Brothers ... vs The Village Officer
2024 Latest Caselaw 13016 Ker

Kerala High Court

Kidangayam Muslim Brothers ... vs The Village Officer on 23 May, 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 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                       WP(C) NO. 22582 OF 2017
PETITIONER:
           KIDANGAYAM MUSLIM BROTHERS ASSOCIATION
           KIDANGAYAM, PANTHALLOOR, ERNAD TALUK, MANJERI-676121,
           MALAPPURAM DISTRICT,REPRESENTED BY THE SECRETARY,
           C.K.IBRAHIM MASTER.

            BY ADVS.
            SRI.GEORGE POONTHOTTAM
            SMT.NISHA GEORGE


RESPONDENTS:
     1     THE VILLAGE OFFICER
           PANTHALLOOR VILLAGE, ERNAD TALUK, MANJERI, MALAPPURAM
           DISTRICT - 676121.

    2       THE TAHSILDAR
            ERNAD TALUK, MALAPPURAM DISTRICT-676 505.

  ADDL.3    P.ABDUL KHADER
            PUZHAKKAL HOUSE, KIDANGAYAM P.O., PANTHALLOOR,
            MALAPPURAM DISTRICT.

            ADDL.R3 IS IMPLEADED AS PER ORDER DATED 14.07.2017 IN
            I.A.NO.10830/2017

  ADDL.4    SECRETARY
            ANAKKAYAM GRAMA PANCHAYAT, MALAPPURAM DISTRICT.

            ADDL.R4 IS IMPLEADED SUO MOTU AS PER ORDER DATED
            14.07.2017

            BY ADVS.
            SRI.P.N.ANOOP
            SRI.P.S.NANDANAN
            SRI.K.SHIBILI NAHA

            SRI.B.S.SYAMANTAK, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.22582 of 2017


                                     2

                   P.V.KUNHIKRISHNAN,J.
               ---------------------
                  W.P (C) No.22582 of 2017
            ---------------------------
              Dated this the 23rd day of May, 2024

                               JUDGMENT

This writ petition is filed with the following prayers:-

"i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents to accept land tax in respect of properties in Sy.No.260/6, Panthalur Village from the petitioner and issue receipts forthwith.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents to issue possession certificate showing the petitioner to be in possession of Sy.No.260/6, Panthalur Village.

iii) Issue such other writ, order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case." [SIC]

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that this writ

petition may be closed in the light of the interim order dated

14.07.2017. The interim order dated 14.07.2017 is extracted

hereunder:-

"I.A. No. 10830 of 2017.

Allowed. Issue notice to the additional third respondent.

W.P.C. Secretary, Anakkayam Grama Panchayat is impleaded suo motu as additional fourth respondent

in the writ petition. Issue notice by Speed Post to the additional fourth respondent.

The additional fourth respondent is directed to issue the fitness certificate of the building constructed by the petitioner without insisting for possession certificate and land reciept tax from the Village, provisionally, subject to the outcome of the writ petition."

Recording the above order, this writ petition is disposed

of. All other contentions of the petitioner are left open.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng

APPENDIX OF WP(C) 22582/2017

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 25.09.1984.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.KDIS.02- 25038/86/DPI DATED 16.04.1986 PASSED BY THE DIRECTOR OF PUBLIC INSTRUCTIONS.

EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER PANTHALLUR VILLAGE IN FAVOUR OF ASSOCIATION FOR THE YEAR 1994-95.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE GENERAL BODY HELD ON 27.01.2002.

EXHIBIT P5 TRUE COPY OF THE APPROVAL ACCORDED TO THE BYE-LAWS OF THE ASSOCIATION.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 30.05.2002 PASSED BY THE ASSISTANT EDUCATIONAL OFFICER, MANJERI.

EXHIBIT P7 TRUE COPY OF THE ORDER NO.KDIS.G2/62019/02/DPI DATED 21.04.2003 PASSED BY THE DPI.

EXHIBIT P8 TRUE COPY OF THE ORDER GO(RT)NO.5943/07/G.EDN. DATED 31.12.2007 PASSED BY THE GOVERNMENT.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 22.01.2008 IN W.P.(C) NO.2549/2008 PASSED BY THIS HON'BLE COURT.

EXHIBIT P10 TRUE COPY OF THE RECEIPT DATED 07.06.2014 ACKNOWLEDGING THE RECEIPT OF LAND TAX FROM THE PETITIONER.

EXHIBIT P11 TRUE COPY OF THE POSSESSION CERTIFICATE NO.95/2014 DATED 21.06.2014 ISSUED BY THE VILLAGE OFFICER, PANTHALLUR.

EXHIBIT P11(A) TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 29.06.2016 WAS ISSUED BY THE JURISDICTIONAL PANCHAYAT.

EXHIBIT P12 TRUE COPY OF THE FITNESS CERTIFICATE DATED 01.07.2016.

EXHIBIT P13 TRUE COPY OF THE FITNESS CERTIFICATE DATED 31.05.2017.

EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DATED 27.10.2016 ADDRESSED TO THE TAHSILDAR.

EXHIBIT P15 TRUE COPY OF THE NOTICE NO.B.2-11323/2016 DATED 04.03.2017 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT'S EXHIBIT

EXHIBIT P15 A TRUE COPY OF THE LETTER NO.A3-3629/17 DATED 09.08.2017 ISSUED TO THE ASSISTANT ENGINEER