Kerala High Court
Reena Jacob vs The State Of Kerala on 8 November, 2024
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WP(C) NO. 32862 OF 2022 2024:KER:89744
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 32862 OF 2022
PETITIONER:
REENA JACOB
AGED 57 YEARS, D/O T O KURUVILLA, RESIDING AT 16,
EAST PARK ROAD, SHENOY NAGAR, CHENNAI - 600 030.
REPRESENTED BY POWER OF ATTORNEY HOLDER SRI.
VASUNDHARAN G., S/O GANGADHARAN, AGED 59 YEARS,
RESIDING AT HILL VIEW, PARAVATTOM, MANIYAR P.O.,
KARAVALOOR (PART), KOLLAM,
KERALA-691 333.
BY ADVS.
MADHU RADHAKRISHNAN
NELSON JOSEPH
SUNDEEP ABRAHAM
M.D.JOSEPH
DEEPAK ASHOK KUMAR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, PATHANAMTHITTA DISTRICT-685532.
3 TAHSILDAR,
RANNY TALUK, RANNY P.O., PATHANAMTHITTA DISTRICT - 689
672.
4 VILLAGE OFFICER,
RANNY - PERINAD VILLAGE, RANNY - PERINAD P.O.,
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WP(C) NO. 32862 OF 2022 2024:KER:89744
PATHANAMTHITTA DISTRICT - 689 711.
5 HARRISONS MALAYALAM LTD.,
24/1624, BRISTOW ROAD, WILLINGDON ISLAND,
COCHIN-682 003.
BY ADVS.
M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN
OTHER PRESENT:
SRI JAFER GHAN,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 32862 OF 2022 2024:KER:89744
JUDGMENT
Petitioner has earlier approached this Court pointing out
that pursuant to a Will executed by her father, who passed
away in 2013, he had inherited 220 Acres of property and
mutation with respect to that property was not being
extended by the revenue authorities. It is noticed that this
Court originally by Ext.P6 judgment dated 05.07.2018,
accepted the afore prayer of the petitioner directing the
mutation to be carried out as prayed for by the petitioner
herein.
2. Later, the 5th respondent filed R.P.No.124 of 2019
pointing out that as regards the property in question, they
were in possession with reference to three separate lease
deeds executed by none other than the great-grandfather of
the petitioner herein from 1908 onwards. This Court, noticing
the rival submissions, permitted the petitioner herein to
withdraw W.P.(C) No.22436 of 2018 (subject matter of Ext.P6
judgment) and further permitted the petitioner to work out
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his remedies as regards the various prayers made in W.P.(C)
No.22430 of 2018 elsewhere.
3. It is on the basis of the leave granted to the
petitioner as above, the petitioner has filed the captioned writ
petition, seeking the following reliefs:
"I) Issue a writ of Mandamus directing the 3rd & 4th
respondents to record the name of the
petitioner as the legal heir of the late
Sri.T O Kuruvilla;
II) Issue a writ of Mandamus directing the 3rd & 4th
respondents to permit the petitioner to pay land
tax for the land consisting of an area of 17.77
Acres in Survey No.840/1A of Ranny-Perinad
Village; and
III) Issue a writ of Mandamus directing the 3rd
respondent to enter the name of the petitioner
in the plantation register as the registered
owner/assessee under the Kerala Plantations
(Additional Tax) Act, 1960.
IV) Issue such other reliefs as this Hon'ble Court
may deem fit and proper in the circumstances
of the case in the interest of justice."
4. I have heard Sri.Sundeep Abraham, the learned
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counsel for the petitioner, Sri.Jafer Khan, learned Senior
Government Pleader for respondents 1 to 4 and Sri.Joson
Manavalan, learned counsel for the 5th respondent.
5. I notice that the first prayer of the petitioner, as
noticed earlier, is with reference to a direction to the 3rd and
4th respondents to record the name of the petitioner as the
legal heir of the deceased Sri.T.O.Kuruvilla, who has executed
the will in question. The afore prayer can be directed to be
considered by respondents 3 and 4, and an appropriate
decision taken in that regard within a reasonable time.
However, as regards the second and third prayer, this Court
notices that the petitioner seeks direction to 3rd and 4th
respondents to permit the petitioner to pay land tax as
against an extent of 17.77 Acres in Survey No.840/1A of
Ranny-Perinad village. Sri.Sundeep Abraham, learned
counsel for the petitioner makes a reference to the provisions
of Section 3A of the Kerala Land Tax Act, 1961 and contends
that as regards the 5th respondent, they can only fall under
WP(C) NO. 32862 OF 2022 2024:KER:89744
the afore clause. He further points out that the petitioner is
entitled to maintain a claim with reference to the provisions
of Section 3(d).
6. However, it is noticed that the 5th respondent
herein has filed a detailed counter affidavit essentially
pointing out that they are in possession of the entire
properties including the above extent of 17.77 Acres.
7. Therefore, this Court notices that the essential
dispute is one with respect to the identification of the extent
of 17.77 Acres as well as the ownership of the afore property.
This Court also notices that the official respondents have filed
a counter affidavit dated 07.02.2024, essentially pointing out
that the petitioner herein has no possession of the property
in question and that is why the respondents are not in a
position to carry out mutation as prayed for by the petitioner.
8. In view of the rival contentions as well as the facts
and circumstances, as borne out of the connected records, I
am of the opinion that the petitioner is to work out his
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remedies elsewhere and not in a writ petition under Article
226 of the Constitution of India.
Resultantly this writ petition is dismissed, however,
leaving open the various contentions raised by the petitioner
to be considered in an appropriate forum.
Sd/-
HARISANKAR V. MENON
JUDGE
Skk//28.11.2024
WP(C) NO. 32862 OF 2022 2024:KER:89744
APPENDIX OF WP(C) NO.32862 OF 2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGISTERED WILL BEARING NO.
192/III/10 DATED 20.07.2010 OF THE PERINAD S.R.O
EXHIBIT P2 TRUE COPY OF ORDER OF THE HON'BLE LAND TRIBUNAL
IN OA 50/83 & SMP 6/82 DATED 31-01-1984
EXHIBIT P3 TRUE COPY OF THIS CERTIFICATE OF INCORPORATION
ISSUED BY THE REGISTRAR OF COMPANIES, KERALA
DATED 29-10-1984
EXHIBIT P4 TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE
KOTTAYAM MUNICIPALITY DATED 15-10-2013
EXHIBIT P5 TRUE COPY OF THE MEMORANDUM OF WRIT PETITION IN
WP(C) 22436/2018
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WP(C) 22436/2018
DATED 05-07-2018
EXHIBIT P7 TRUE COPY OF THE MEMORANDUM OF WRIT PETITION IN
RP 124/2019 IN WP(C)22436/2018 DATED 23.01.2019
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN RP 124/2019 DATED
06-07-2021
EXHIBIT P9 TRUE COPY OF THE NOTARIZED POWER OF ATTORNEY
ISSUED BY PETITIONER TO THE DEPONENT
EXHIBIT P10 TRUE COPY OF APPLICATION FILED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT DATED 27.07.2018 FOR
REMITTING TAX PAYABLE FOR LAND IN PERINAD
VILLAGE.
RESPONDENTS' EXHIBITS:
EXHIBIT R2(A) TRUE COPY OF THE THANDAPER NO.133.
EXHIBIT R5(A) TRUE COPY OF THE DECREE DATED 23.03.2016 PASSED
BY THE SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA
IN O.S. NO. 27 OF 1980.
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EXHIBIT R5(B) TRUE PHOTOSTAT COPY OF LEASE DEED NO.2465 OF
1086 ME OF SRO PATHANAMTHITTA EXECUTED BY
CHENGANNUR KRISHI VANIBHA COMPANY IN FAVOUR OF
MALAYALAM RUBBER AND PRODUCE COMPANY LTD. DATED
27.05.1911.
