Kerala High Court
Dr. Santhakumar vs District Collector on 21 November, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
2024:KER:87484
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
WP(C) NO. 37922 OF 2024
PETITIONER:
DR. SANTHAKUMAR
AGED 83 YEARS
S/O RAGHAVAN, RESIDING AT 'SAROVARAM',
VANCHIYOOR VILLAGE, FORT P.O.,
THIRUVANANTHAPURAM., PIN - 695023
BY ADVS.
AMAL KASHA
T.B.HOOD - K/000253/1998
M.ISHA - K/001052/1998
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, KUDAPPANAMKUNNU,
THIRUVANANTHAPURAM., PIN - 695043
2 TAHSILDAR (LAND RECORDS)
TALUK OFFICE, EAST FORT , PAZHAVANGADI ,
THIRUVANANTHAPURAM, PIN - 695023
3 VILLAGE OFFICER
VANCHIYOOR VILLAGE OFFICE, THIRUVANANTHAPURAM,
PIN - 695023
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WP(C) NO.37922 OF 2024
2
BY ADV.
SRI. B. S. SYAMANTHAK - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO.37922 OF 2024
3
JUDGMENT
The petitioner claims to be the owner in possession of
4.978 cents of land in Survey No.565 of Vanchiyoor Village.
He purchased the said property in the year 1980 and
constructed a residential building therein in the year 1984.
He along with his family have been residing there.
2. The petitioner paid land tax for the said property till
2018 as evidenced by Exts.P1, P3 and P4 receipts.
According to him, after the resurvey, the 3rd respondent
Village Officer declined to accept the tax for the subsequent
years stating that there were some errors in the survey plan
and the property stands in the name of the housing board.
The petitioner submitted Ext.P5 representation before the 1 st
respondent to accept the land tax from him. Thereafter, he
approached this Court by filing W.P.(C) No.19085/2024. This
Court as per Ext.P6 judgment directed the 1 st respondent to
consider and pass orders on Ext.P5 representation after
hearing the petitioner. According to the petitioner, the 1 st
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WP(C) NO.37922 OF 2024
respondent instead of conducting a hearing himself,
delegated the matter to the Deputy Collector (Land
Records). Thereafter, the 1st respondent passed Ext.P7 order
rejecting Ext.P5 representation. The Writ Petition has been
filed challenging Ext.P7 order.
3. I have heard Sri. T. B. Hood, the learned counsel
appearing for the petitioner and Sri. B. S. Syamanthak, the
learned Government Pleader.
4. Ext.P7 is one passed by the 1 st respondent.
However, the petitioner has specifically averred in the Writ
Petition that the hearing was conducted by the Deputy
Collector. That apart, a reading of Ext.P7 would show that
the 1st respondent has relied on the report of the Tahsildar
(LR) dated 07.08.2024 to come to the conclusion that as per
the survey records, the land in question is a puramboke
land. The petitioner alleges that copy of such a report was
not furnished to him. There is nothing in Ext.P7 to show that
the report was furnished to the petitioner. The petitioner
obtained the said report through the Right to Information
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WP(C) NO.37922 OF 2024
Act. It has been produced as Ext.P8. In these
circumstances, I am of the view that Ext.P7 cannot be
sustained. Accordingly it is set aside. The 1 st respondent is
directed to reconsider Ext.P5 representation himself and
pass orders, in accordance with law, after hearing the
petitioner within a period of three months from the date of
receipt of a copy of this judgment. The petitioner is free to
file objection to Ext.P8 report before the District Collector.
The Writ Petition is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
BR
2024:KER:87484
WP(C) NO.37922 OF 2024
APPENDIX OF WP(C) 37922/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
16.01.1981 ISSUED TO THE PETITIONER BY
THE 3RD RESPONDENT
Exhibit P2 TRUE COPY OF THE ORDER DATED 03.01.1991
ISSUED BY THE LAND REFORMS SPECIAL
TAHSILDAR, THIRUANANTHAPURAM
Exhibit P3 TRUE COPY OF THE TAX RECEIPT DATED
19.05.1995 ISSUED TO THE PETITIONER BY
THE 3RD RESPONDENT
Exhibit P4 TRUE COPY OF THE TAX RECEIPT DATED
05.07.2018 ISSUED TO THE PETITIONER BY
THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
23.02.2022 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
28.05.2024 OF THIS HON'BLE COURT IN WRIT
Exhibit P7 TRUE COPY OF THE ORDER DATED 09.09.2024
ISSUED BY THE 1ST RESPONDENT
Exhibit P8 TRUE COPY OF THE REPORT DATED 07.08.2024
SUBMITTED BY THE 2ND RESPONDENT TO THE
1ST RESPONDENT
RESPONDENTS' EXHIBITS: NIL
