Kerala High Court
Vazhayil Rouf vs Kannur Municipal Corporation on 22 October, 2024
WP(C) NO. 21719 OF 2023 1
2024:KER:79424
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 21719 OF 2023
PETITIONER:
VAZHAYIL ROUF,
AGED 55 YEARS
S/O EBRAHIM KUNHI,
RESIDING AT RAZIYA MANSIL,
NEAR GBTS, THALASSERY ROAD,
KANNUR, PIN - 670002
BY ADVS.
V.N.HARIDAS
SAIFUDEEN T.S
THASNIEEM BADARUDEEN
RESPONDENTS:
1 KANNUR MUNICIPAL CORPORATION,
REP. BY ITS SECRETARY,
KANNUR MUNICIPAL OFFICE,
KANNUR, KERALA,
PIN - 670001
2 THE SECRETARY,
KANNUR MUNICIPAL CORPORATION,
KANNUR MUNICIPAL OFFICE, KANNUR,
PIN - 670001
3 THE REVENUE OFFICER,
KANNUR MUNICIPAL CORPORATION
KANNUR MUNICIPAL OFFICE, KANNUR,
KERALA, PIN - 670001
4 THE JOINT CORPORATION SECRETARY,
KANNUR MUNICIPAL CORPORATION,
WP(C) NO. 21719 OF 2023 2
2024:KER:79424
KANNUR MUNICIPAL OFFICE, KANNUR,
KERALA, PIN - 670001
5 VAZHAYIL RAHANAWAS,
S/O EBRAHIM KUNHI,
RESIDING AT RAZIYA MANSIL,
NEAR GBTS, THALASSERY ROAD,
KANNUR, PIN - 670002
6 VAZHAYIL ABDUL RASHEED,
S/O IBRAHIM KUNHI,
RESIDING AT RAZIYA MANSIL,
OPP.BASIC TRAINING SCHOOL,
KANNUR, PIN - 670002
R1 TO R4 BY SMT.M.MEENA JOHN, SC, KANNUR MUNICIPAL
CORPORATION
R5 & R6 BY ADVS.DAISY A.PHILIPOSE
HARIDAS THAIKKANDY
ARJUN P.V.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21719 OF 2023 3
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JUDGMENT
The petitioner is stated to be the owner of 3.42 cents of land in Re-
Survey No. 339 in Kannur 1 Village, Kannur Taluk, Kannur District as per Ext.P1
sale deed dated 21.08.2004. He also owns 4 cents of land in Re-Survey No. 344/2
in Kannur 1 Village, Kannur Taluk, Kannur District as per Ext.P2 sale deed
dated 16.03.1999. The petitioner submits that mutation was effected
concerning the property covered by the above sale deeds and produced Ext.P3
tax receipt to show the same. The petitioner used his exclusive property of
7.42 cents, as noted above, along with co-ownership property comprising 17
cents which belonged to him and his siblings and constructed a commercial
building on the entire extent of the property namely 7.42 cents exclusively
belonging to the petitioner as well as the 17 cents, the co-ownership property.
The petitioner submits the Ext.P4 agreement and Ext.P5 partnership deed
between the petitioner and his brothers spelt out the terms of the agreement
between them. After the construction, the entire building was assessed in the
joint names of the petitioner and the brothers.
2. The petitioner made an application to change the ownership to his
name of the rooms held by him in the property exclusively owned by him. The
said application was rejected by the Revenue Officer of the Kannur Municipal
Corporation through Ext.P9 order dated 01.08.2022, which was challenged by
him by filing W.P.(C.) No. 38952/2022, wherein this Court directed the second
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respondent to re-consider the application submitted by the petitioner with
notice to all the co-owners as per Ext.P12 judgment dated 07.03.2023. In
compliance with the judgment, the Corporation again considered the matter
and rejected the request of the petitioner through Ext.P13 order dated
05.05.2023.
3. The learned counsel for the petitioner submits that his application
ought to have been considered in terms of the Kerala Municipality (Property
Tax, Service Tax and Surcharge) Rules, 2011 particularly, Rule 23 thereof,
which stipulates that when one of the parties to the transfer makes an
application for assessment, the Secretary shall issue notice to the others. It is
also stated that if the registered owner raises objection as to the change to be
made in the register, no change shall be made in the register by the Secretary
unless the person who claims to be the owner produces satisfactory and legal
evidence thereof. If one of the parties to the transfer, submits an application
and other parties raises objection, the Secretary shall take a decision therein
taking into consideration the documents and other evidence.
4. It is to be noted that in the instant case, a commercial building was
put up in the property belonging to the petitioner exclusively as well as in the
co-ownership property and the assessments were made in the joint names.
Given the objections raised by the party respondents, the rejection of the
request of the petitioner to change the assessment by the Corporation cannot
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be said to be wrong, since a permit was obtained and the building was
constructed over the properties belonging exclusively to the petitioner and in
the co-ownership property, the stand taken by the Corporation cannot be
faulted with. This will not preclude the petitioner from seeking appropriate
relief from a competent civil court or seeking partition as the case may be.
Without prejudice to the said rights, this writ petition is dismissed.
sd/-
MOHAMMED NIAS C.P.
JUDGE
DCS
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APPENDIX OF WP(C) 21719/2023
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE TITLE DEED BEARING
REGISTRATION NUMBER 3180/2004 DATED
21.08.2004
EXHIBIT P2 TRUE COPY OF THE TITLE DEED BEARING
REGISTRATION NUMBER 814/99 DATED 16.03.1999
EXHIBIT P3 A TRUE COPY OF THE TAX RECEIPT DATED
24.06.2022 ISSUED BY THE KANNUR 1 VILLAGE
OFFICE
EXHIBIT P4 A TRUE COPY OF THE AGREEMENT ENTERED INTO
BETWEEN THE PETITIONERS AND HIS BROTHERS
DATED 25.06.2004
EXHIBIT P5 A TRUE COPY OF THE PARTNERSHIP AGREEMENT
DATED 08.08.2006 BETWEEN THE PETITIONER AND
HIS BROTHERS
EXHIBIT P6 A TRUE COPY OF THE TAX RECEIPT DATED
24.08.2022 ISSUED BY THE 1 ST RESPONDENT
EXHIBIT P7 A TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER FOR CHANGING THE TAX
ASSESSMENT INTO HIS NAME DATED 17.11.2021
EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED
07.06.2022 SUBMITTED BY THE PETITIONER FOR
CHANGING THE ASSESSMENT INTO THE NAME OF THE
PETITIONER
EXHIBIT P9 A TRUE COPY OF THE REJECTION ORDER ISSUED BY
THE 3RD RESPONDENT DATED 01.08.2022
EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER DATED 06.09.2022
EXHIBIT P11 A TRUE COPY OF THE INTIMATION ISSUED BY THE
DEPUTY SECRETARY OF THE 1ST RESPONDENT DATED
28.09.2022
EXHIBIT P12 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP(C) 38952 OF 2022 DATED 07.03.2023
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EXHIBIT P13 A TRUE COPY OF THE ORDER ISSUED BY THE 4TH
RESPONDENT DATED 05.05.2023
EXHIBIT P14 A TRUE COPY OF THE SKETCH OF THE BUILDING
EXHIBIT P15 A TRUE COPY OF THE ORDER IN IA. 02/2022 IN
O.S. NO. 325/2022 DATED 13.10.2023
RESPONDENT EXHIBITS
EXHIBIT R.5 (A) A TRUE COPY OF THE PLAINT IN O.S.NO.325 OF
2022 ON THE FILES OF THE HONOARBLE MUNSIFF'S
COURT, KANNUR
