Kerala High Court
Church Of South India Trust Association ... vs State Of Kerala on 1 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C).No.36258/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 36258 OF 2024
PETITIONER:
CHURCH OF SOUTH INDIA TRUST ASSOCIATION (CSITA)
DIOCESE OF MALABAR, BANK ROAD KOZHIKODE- 673001,
REPRESENTED BY ITS ATTORNEY, REV. SHINE.C.K.,
AGED 49 YEARS, S/O.LATE.C.U.KOSHY, BANK ROAD,
CALICUT., PIN - 673001
BY ADVS. ZAKEER HUSSAIN
K.A.SANJEETHA
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
MUPPAINAD VILLAGE, WAYANAD., PIN - 673577
SMT. DEEPA V., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.36258/2024
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JUDGMENT
The petitioner obtained 7.42 Acres of property in
Muppainad Village, Vythiri Taluk, Wayanad District covered by
Ext.P1 sale deed. The petitioner assigned portion of the said
7.42 Acres of property to third parties and the balance extent in
possession and ownership of the petitioner is only 2.82 Acres.
The sketch of the same is produced as Ext.P2. According to the
petitioner, when she approached the 3rd respondent for
remitting tax, issuance of thandaper certificate and possession
certificate, he refused the same stating that the property
originally was in the name of M/s. Malayalam Plantations Ltd. It
is in these circumstances, the petitioner has approached this
Court.
2. I have heard Sri. Zakeer Hussain, the learned
counsel for the petitioner and Smt. Deepa V., the learned
Government Pleader.
3. The 3rd respondent refused to accept basic tax, issue
thandaper certificate and possession certificate on the ground
that the property originally was in the name of M/s. Malayalam
Plantations Ltd. against which KLC proceedings were initiated by
the State. The fact that the KLC proceedings were initiated
2024:KER:81187
against the predecessor in interest of the petitioner is not a
ground to refuse issuance of Thandaper Certificate. In Exts.P10
to P12 judgments, on identical situation, direction was given by
this Court to the Village Officer to accept tax, issue thandaper
certificate and possession certificate. Hence, the 3 rd respondent
is directed to accept basic tax after effecting mutation and also
to issue thandaper certificate and possession certificate in
respect of the petitioner's property covered by Ext.P1. However,
this judgment will not stand in the way of State proceeding
against the property, in accordance with law.
The Writ Petition is disposed as above.
sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
2024:KER:81187
APPENDIX OF WP(C) 36258/2024
PETITIONER EXHIBITS
Exhibit.P1 TRUE COPY OF THE SALE DEED NO.2021/1968
DATED 29/08/1968 OF VYTHIRI SUB REGISTRY
OFFICE ALONG WITH THE TYPED COPY.
Exhibit.P2 TRUE COPY OF THE SKETCH OF THE 2.82 ACRES
OF PROPERTY.
Exhibit.P3 TRUE COPY OF REPRESENTATION DATED
08/05/2023 BEFORE THE REVENUE MINISTER.
Exhibit.P4 TRUE COPY OF THE REPRESENTATION DATED
20/02/2024 SUBMITTED BY THE PETITIONER TO
THE DISTRICT COLLECTOR, WAYANAD.
Exhibit.P5 TRUE COPY OF THE CERTIFICATE DATED
28/04/2018 ISSUED BY THE 3RD RESPONDENT.
Exhibit.P6 TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 14/06/2024 ISSUED BY THE MUPPAINAD
GRAMA PANCHAYATH.
Exhibit.P7 TRUE COPY OF THE CERTIFICATE DATED
12/07/2024 ISSUED BY THE SECRETARY OF
MEPPADI GRAMA PANCHAYATH.
Exhibit.P8 TRUE COPY OF THE LETTER DATED 30/03/2017
ISSUED BY THE 2ND RESPONDENT WITH TYPED
COPY.
Exhibit.P9 TRUE OF THE LETTER DATED 21/07/2014 ISSUED
BY THE DISTRICT COLLECTOR, WAYANAD WITH
TYPED COPY.
Exhibit.P10 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
35170/2018 DATED 12/11/2018.
Exhibit.P11 TRUE COPY OF THE JUDGMENT DATED 08/11/2023
IN W.P.(C) NO.35594/2023.
Exhibit.P12 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
26019/2024 DATED 14/08/2024.
