Johny vs The Additional Tahsildar
2024 Latest Caselaw 13234 Ker

Kerala High Court

Johny vs The Additional Tahsildar on 23 May, 2024

Author: P Gopinath

Bench: P Gopinath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                      WP(C) NO. 35450 OF 2017
PETITIONER:

             JOHNY
             AGED 60 YEARS, S/O. PORINCHU,
             VADAKKAN HOUSE, KAIPARAMBU VILLAGE & DESOM,
             THRISSUR TALUK, THRISSUR DISTRICT.

             BY ADVS.
                  SRI.SANTHOSH P.PODUVAL
                  SMT.R.RAJITHA
                  SMT.RASHIDA CHEMMENAMPALLY



RESPONDENTS:

     1       THE ADDITIONAL TAHSILDAR,
             THALAPPILLY TALUK, THRISSUR-680 001.

     2       THE VILLAGE OFFICER
             VELUR, THRISSUR-680 551.

     3       VELUR GRAMA PANCHAYAT
             REP. BY ITS SECRETARY, VELUR, THRISSUR-680 551.

     4       LAZAR
             S/O. KURIAKOSE, KANNANAICKAL HOUSE, KAIPARAMBU,
             THRISSUR-680 546.

             BY ADVS.
                  SRI.K.N.RADHAKRISHNAN(THIRUVALLA)(FOR R4)
                  SRI.T.R.SHAJU XAVIOUR
                  SRI. VENUGOPAL V (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.35450/2017                     2




                           JUDGMENT

This writ petition has been filed seeking the following

reliefs:

i. issue a writ of mandamus or other appropriate writ or order or direction commanding the 1st respondent to finalise the proceedings initiated on the basis of the objection raised by the 3 rd respondent with respect to the land covered by Exhibit.P4 tax receipt within a time frame as may be prescribed by this Honourable Court.

ii. issue a writ of mandamus or other appropriate writ or order or direction commanding the 1st respondent to consider and dispose of Exhibit P1 representation submitted by the petitioner within a time limit as may be fixed by this Honourable Court.

And iii. issue such other orders this Hon'ble Court deem fit and proper for the facts and circumstances of this case.

2. According to the petitioner, he obtained title over

2 acre 20 cents of land in Survey No.20/2 of Kaiparambu

Village in terms of a Will registered as document No.133/96

of Mundur SRO. It is the case of the petitioner that during

resurvey proceedings in Kaiparambu Village, it was found

that, excluding the land given for widening of the road, the

petitioner is in possession of 2 acre 11 ½ cents. During

resurvey, it was also recorded that 2 acre 1 ½ cents of land

belonging to the petitioner is situated in Kaiparambu Village

under Resurvey No.112/2 and the remaining extent of 10

cents (making a total of 2 acre 11 ½ cents) is situated in

Survey No.688/1P in Velur Village.

3. The 4th respondent claims that 10 cents situated in

Survey No.688/1P in Velur Village actually belongs to him

and was surrendered for the benefit of the public to the Velur

Grama Panchayath.

4. According to the petitioner, Ext.P3 report clearly

shows that the land over which the above objection was

raised by the 4th respondent actually belongs to the

petitioner. The petitioner is aggrieved by the fact that no tax

was being accepted from him in respect of the land in Velur

Village.

5. The learned Government Pleader, on instructions,

would submit that after considering Ext.P3 report and after

hearing the parties, the Village Officer has accepted the land

tax over the disputed land from the petitioner provisionally

and subject to the result of any civil litigation between the

parties.

Taking into consideration the above, this writ petition is

closed making it clear that if the land tax is being accepted

from the petitioner provisionally in respect of the 10 cents of

the land stated to be in Survey No.688/1P of Velur Village,

such tax shall continue to be accepted from the petitioner

subject to the right of the 4th respondent or any other person,

including the 3rd respondent Panchayath in establishing their

rights over the said property by resorting to proceedings

before the competent civil court.

Sd/-

GOPINATH P. JUDGE ats

APPENDIX OF WP(C) 35450/2017

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF REPRESENTATION DATED 5.1.2013 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF LETTER DATED 4.10.2013 SENT BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF REPORT SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT DTD. 21.1.13.

EXHIBIT P4 TRUE COPY OF TAX RECEIPT DATED 22.1.13 ISSUED BY THE 2ND RESPONDENT.