Kerala High Court
U.Shashidharan vs The District Collector, Idukki on 5 November, 2024
Author: Anil K.Narendran
Bench: Anil K.Narendran
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 5TH DAY OF NOVEMBER 2024/14TH KARTHIKA, 1946
W.P.(C) NO. 13299 OF 2016
PETITIONER:
U.SHASHIDHARAN
AGED 57 YEARS, S/O. LATE M.RAMANKUTTY
NAIR,ULLATTIL HOUSE, PALLAVUR DESOM,PALLAVUR
VILLAGE, CHIRROR TALUK,PALAKKAD DISTRICT., NOW
PERMENENTLY RESIDING AT 33/13A-B, NEW SAMHITHA
COMPLEX ANTHERI EAST,KURLA ROAD, MAHARASHTRA.
BY ADVS.
SRI.JOY GEORGE
SRI.C.X.ANTONY BENEDICT
SMT.TANYA JOY
RESPONDENTS:
1 THE DISTRICT COLLECTOR, IDUKKI
PAINAAVU, IDUKKI DISTRICT.
2 THE SUB COLLECTOR
REVENUE DIVISIONAL OFFICE DEVIKULAM,MUNNAR,
IDUKKI DISTRICT.
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W.P.(C) No.13299 of 2016
3 THE TAHASILDAR
TALUK OFFICE, DEVIKULAM, MUNNARIDUKKI DISTRICT.
4 THE VILLAGE OFFICER
PALLIVAASAL, MUNNAR IDUKKI DISTRICT.
BY SRI. HANIL KUMAR, SPL. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 25.09.2024, THE COURT ON 05.11.2024 DELIVERED
THE FOLLOWING:
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W.P.(C) No.13299 of 2016
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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W.P.(C) No.13299 of 2016
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Dated this the 5th day of November, 2024
JUDGMENT
P.G.Ajithkumar, J.
The petitioner purchased various extents of property in
Pallivasal Village by virtue of Exts.P1, P2 and P3. The seller
had obtained building permit to construct 140 cottages in the
property covered by Ext.P1. The petitioner has obtained
permission for additional construction and modification of the
existing building in the property covered by Ext.P2. He has
obtained possession certificates, location sketches and
resurvey plans in respect of the said properties, which are
Exts.P6 to P12. Despite such overwhelming documents, the
petitioner has not been allowed to pay land tax for the said
properties by the authorities saying that the 1 st respondent
had issued Ext.P14 circular prohibiting collection of tax from
the owners of the properties in Pallivasal village. The said
order is illegal and unsustainable in law. In denial of
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legitimate right of owners of the properties, such an order was
issued. When the said order was issued without hearing the
property owners, it becomes not only illegal, but violative of
the fundamental rights of the petitioner and other similarly
placed persons. In such circumstances the petitioner has filed
this writ petition seeking the following reliefs:
"i) to issue a writ of certiorari or any other appropriate writ or
order quashing Ext.P14 order of the 1 st respondent District
Collector as the same is issued without any jurisdiction,
authority and also by exceeding the executive power casted
upon him;
ii) To issue a writ of mandamus or order or direction, declaring
that Ext.P14 order is void ab initio as the same is passed
unilaterally without hearing any of the land owners in the
Survey Numbers;
iii) To issue a writ of mandamus or order or direction, directing
the 4th respondent to accept land tax in respect of Ext.P1,
Ext.P2 and Ext.P3 properties owned by the petitioner by
overlooking Ext.P14 order as the same is not binding upon
the petitioner;
iv) To issue a writ of mandamus or order or direction, directing
a high level enquiry in respect of the denial of acceptance of
land tax of the petitioner property without any valid reason;
v) To issue a writ of mandamus or order or direction, directing
to award compensation at least at the tune of 1 crore
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rupees to the petitioner for not allowing the petitioner to
remit land tax which delayed his big project as evidenced in
Ext.P4."
2. A statement was filed by the 1st respondent. The
reasons for issuing Ext.P14 circular has been explained in the
statement. The reason for issuing prohibitory orders from
collecting land tax in relation to the properties in Pallivasal
village has also been explained. Paragraph Nos.3 and 4 of the
statement are as follows:
"3. It is submitted that in the light of large scale
encroachment in Government land and due to existence of
bogus/illegal documents Ext. P14 circular was issued by the
then District Collector on 28.09.2010 in order to have a check
on any sort of illegal activities in the sensitive areas like
Pallivasal Village in Munnar. The said circular was issued
addressing the Sub Collector, Devikulam and the Tahsildar,
Devikulam after conducting personal inspection of the land
near Pulippara in Pallivasal Village attempting to encroach
Government land and necessary directions were given to the
said officers as shown in Ext.P14. It is submitted that the
reports received from the subordinate officers were found to
be prepared without application of mind and without
addressing material questions raised by the then District
Collector while issuing Ext.P14 and therefore those reports
were not sufficient enough to decide the matter in hand.
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Meanwhile M/s Anjalli Technologies Pvt. Ltd., a similarly
affected institution approached the Honourable High Court in
W.P.(C) No. 12585/2016 and as directed by this Honourable
Court the 2nd respondent has been conducting a detailed
enquiry in the matter including the points in issue. Further,
the 2nd respondent has a specific case that almost all of the
land assigned under the Kerala Land Assignment Rules, 1964
have been converted into a purely commercial area against
the conditions and restriction stipulated in the assignment.
The utilization of assigned lands for purpose other than
intended by assignment was dealt with by this Honourable
Court in W.P.(C) No. 32143/2016, reported in 2016 (4) KLT
707 [Haridas v. State of Kerala] and it was held that the land
assigned cannot be used for purposes other than for which it
was assigned. In the case in hand, the petitioner has admitted
that he purchased the land covered by Exts.P1 to P3
documents for the construction of 120 cottages and villas. It
is clearly against the conditions and restrictors stipulated in
the Kerala Land Assignment Act and Rules.
4. It is further submitted that the direction contained in
the aforesaid reported judgment will be adhered to while
conducting the enquiry in the matter. The 2 nd respondent is
already under orders to initiate and finalise the enquiry in the
matter. Immediately, in the light of the directions contained in
Ext.P14 as well, in consultation with the authorities of the
Kerala State Electricity Board, Kerala Forest & Wild Life
Department, Revenue Department and the Survey and Land
Records Department."
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3. Heard the learned counsel for the petitioner and
the learned Special Government Pleader.
4. Although the petitioner produced Exts.P1, P2 and
P3, the documents of title, quite curiously, he has not stated
the extent of the property covered by each of such documents
in the writ petition. Ext.P1 is relating to 207.981 cents of
property comprised in re-survey No.127/4 of Pallivasal village.
Ext.P2 is relating to 150 cents of property in re-survey
No.127/1/11 and Ext.P3 is relating to 141.64 Ares of property
comprised in re-survey No127/1-13 of Pallivasal Village. From
the documents produced by the petitioner, it is seen that he
obtained certificates from the revenue authorities concerning
location, possession and lie of each of the said properties.
Also, it is seen that building permits for carrying out
constructions in Exts.P1 and P2 properties were also obtained.
5. The 1st respondent stated in the statement dated
04.10.2017 that many of the lands in Pallivasal village were
being put to use for purposes other than for which the
properties were assigned. Needless to say, owners of the
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properties who claim title by virtue of pattas, cannot use the
property in violation of conditions, if any, in the pattas. Ext.P2
contains recitals regarding the prior title. The vendor obtained
that property by virtue of patta No.LA 89/1993 issued from the
office of the Special Tahsildar, Devikulam. In Exts.P1 and P3,
nature of title originally obtained or the tenure has not been
stated. Of course, the respective vendors obtained the
properties by virtue of sale deeds. It is not able to ascertain
whether the said properties are revenue lands or assigned
lands. The contention of the respondents that without verifying
the genuineness of the title claimed by the petitioner to the
properties in question, tax cannot be collected from him,
assumes importance in the aforementioned circumstances. The
1st respondent, on the basis of the facts revealed about
widespread misuse of the properties and creation of false
documents to claim title to the properties, had issued Ext.P14
circular. The stand taken by the 1 st respondent in it is that
without verification of the title to the properties in Pallivasal
village, land tax cannot be received.
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6. Therefore, the stand taken by the 1st respondent
that without verifying genuineness of the petitioner's title to
the properties which he claims as per Exst.P1 to P3, tax
cannot be collected from him does not suffer from any
infirmity. Accordingly, this writ petition is disposed of directing
the respondents to take necessary steps on the request of the
petitioner for collecting land tax from him for the properties
covered by Exts.P1 to P3, after verifying genuineness of his
title, in accordance with law, as expeditiously as possible, at
any rate within a period of six months from the date of
production of a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
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APPENDIX OF WP(C) 13299/2016
PETITIONER EXHIBITS
EXHIBIT P1 THE PHOTOCOPY OF THE TITLE DEED NO.
2433/09.
EXHIBIT P2 THE PHOTOCOPY OF THE TITLE DEED NO.
2434/09.
EXHIBIT P3 THE PHOTOCOPY OF THE TITLE DEED NO.
844/10.
EXHIBIT P4 THE PHOTOCPY OF THE APPROVED PLAN FOR
140 COTTAGES IN EXT. P1 AND P2
PROPERTY.
EXHIBIT P5 THE PHOTOCOPY OF THE APPROVED PLAN FOR
5 BED ROOM HOUSE IN EXT. P3 PROPERTY.
EXHIBIT P6 THE PHOTOCOPY OF THE POSSESSION
CERTIFICATE OF EXT.P1 PROPERTY
EXHIBIT P7 THE PHOTOCOPY OF THE POSSESSION
CERTIFICATE IN RESPECT OF EXT. P2
PROPERTY.
EXHIBIT P8 THE PHOTOCOPY OF THE POSSESSION
CERTIFICATE IN RESPECT OF EXT.P3
PROPERTY.
EXHIBIT P9 THE PHOTOCOPY OF THE LOCATION SKETCH
ISSUED BY THE VILLAGE OFFICER IN
RESPECT OF EXT. P1 PROPERTY.
EXHIBIT P10 THE PHOTOCOPY OF THE LOCATION SKETCH
ISSUED BY THE VILLAGE OFFCIER IN
RESPECT OF EXT. P2 PROPERTY.
EXHIBIT P11 THE PHOTOCOPY OF THE LOCATION SKETCH
ISSUED BY THE VILLAGE OFFICER IN
RESPECT OF EXT. P3 PROPERTY.
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EXHIBIT P12 THE SURVEY PLAN OF THE PROPERTY AFTER
RE-SURVEYING THE PROPERTY ISSUED BY
THE TALUK SURVEYOR.
EXHIBIT P13 THE PHOTOCOPY OF THE INFORMATION
OBTAINED FROM THE PANCHAYATH DT.
16/11/09.
EXHIBIT P14 THE PHOTOCOPY OF THE CIRCULAR NO. C10-
1314/10 DT. 28/9/10 OF THE 1ST
RESPONDENT.
EXHIBIT P15 THE PHOTOCOPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT.
EXHIBIT P16 THE PHOTOCOPY OF THE NOC FROM THE 4TH
RESPONDENT.
EXHIBIT P17 THE PHOTOCOPY OF THE NOC FROM THE 3RD
RESPONDENT.
EXHIBIT P18 THE PHOTOCOPY OF THE NOC FROM THE 2ND
RESPONDENT
EXHIBIT P19 THE PHOTOCOPY OF THE CORRESPONDENCE
NO. C10 43979/13 DT. 5/2/15.
EXHIBIT P20 THE PHOTOCOPY OF THE LAND TAX RECEIPT
IN RESPECT OF EXT.P1,EXT.P2, EXT.P3,
PROPERTY DT. 16/6/10.
