Biju Joseph vs The Tahasildar
2024 Latest Caselaw 32135 Ker

Kerala High Court

Biju Joseph vs The Tahasildar on 7 November, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C).No.37088/2024
                                    1


                                            2024:KER:82947
          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA,

                                   1946

                       WP(C) NO. 37088 OF 2024

PETITIONER:

           BIJU JOSEPH, AGED 56 YEARS
           S/O LATE JOSEPH, PATTATHANAM HOUSE, EDATHUA
           P.O., EDATHUA MURI, EDATHUA VILLAGE, KUTTANAD
           TALUK, ALAPPUZHA, PIN - 689573


           BY ADVS. K.S.HARIHARAPUTHRAN
           PINKU MARIAM JOSE
           K.M.FATHIMA



RESPONDENTS:

    1      THE TAHASILDAR
           TALUK OFFICE, KUTTANAD TALUK, ALAPPUZHA
           DISTRICT., PIN - 688506

    2      VILLAGE OFFICER
           EDATHUA VILLAGE, KUTTANAD TALUK, ALAPPUZHA
           DISTRICT., PIN - 689573


               SMT.DEEPA V., GP


        THIS    WRIT    PETITION   (CIVIL)   HAVING   BEEN   FINALLY
HEARD ON 07.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(C).No.37088/2024
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                                                           2024:KER:82947




                                   JUDGMENT

The petitioner claims to be the owner in possession

of the properties covered by Ext P1 settlement deed and

Ext.P2 Will. According to the petitioner, the 2 nd respondent is

not accepting basic tax in respect of Sy.Nos. 538/4,

538/4/10/4, 539/1/3 for the reason that mistakes are crept

in the survey numbers. The petitioner submitted Ext.P7

application before the 2nd respondent for effecting necessary

corrections in the survey records, to permit the petitioner to

remit basic tax for the entire extent of land covered by

Exts.P1 and P2 and to issue possession certificate of the

same. Even though 1 ½ years have elapsed after the

submission of Ext.P7 application, it has not been disposed of

by the 2nd respondent. It is in these circumstances, the

petitioner has approached this Court.

Having heard Sri. Hariharaputhran, the learned

counsel for the petitioner and Smt. Deepa V., the learned

Government Pleader, this writ petition is disposed of with a

direction to the 2nd respondent to dispose of Ext.P7

application in accordance with law, after hearing the

2024:KER:82947 petitioner and also after perusing all the documents

submitted by him, within a period of two months from the

date of receipt of a copy of this judgment.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp

2024:KER:82947 APPENDIX OF WP(C) 37088/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO.

2642/16 DATED 26.12.2016 OF THE SRO AMBALAPPUZHA

Exhibit P2 TRUE COPY OF THE WILL NO. 166/16 DATED 26.12.2016, EXECUTED BY DECEASED JOSEPH, FATHER OF THE PETITIONER

Exhibit P3 TRUE COPY OF THE DEATH CERTIFICATE DATED 4.11.2023 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, EDATHUA GRAMA PANCHAYATH

Exhibit P4 TRUE COPY OF THE SALE DEED NO.858/1986 DATED 15.4.1986 OF THE SRO AMBALAPPUZHA

Exhibit P5 TRUE COPY OF EXCHANGE DEED NO.859/1986 DATED 15.4.1986 OF THE SRO AMBALAPPUZHA

Exhibit P6 TRUE COPY OF THE BASIC TAX RECEIPT DATED 10.4.2023 ISSUED BY THE VILLAGE OFFICER, EDATHUA

Exhibit P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED NIL