Kerala High Court
Sugathan.C vs District Collector on 22 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.29507/2023 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Tuesday, the 22nd day of October 2024 / 30th Aswina, 1946
IA.NO.2/2024 IN WP(C) NO. 29507 OF 2023 (K)
APPLICANTS/APPELLANTS:
1. SUGATHAN.C, AGED 52 YEARS, S/O. KUNHAMBU, CHEMMANGATT, PERINTHATTA
AMSOM, THAVIDISSERY DESOM, P.O. ARAVANCHAL, KANNUR DISTRICT, PIN -
670 503.
2. RAMANI.P, AGED 54 YEARS, D/O. KANNAN NAIR, PADINHATTAYIL, CHOORAL,
MATHIL P.O, KANNUR DISTRICT, PIN - 670 307.
3. BIJU.P, AGED 40 YEARS, S/O. KRISHNAN KUNNATH, 'PANAKKARAN HOUSE,
THAVIDISSERY, ARAVANCHAL PO, KANNUR DISTRICT, PIN - 670 353.
4. VISHAL KUMAR.K, AGED 44 YEARS, S/O. KUNHIKANNAN,
KAMMANTHATTA,THAVIDISSERRY, P.O. ARAVANCHAL, KANNUR DISTRICT, PIN -
670 353.
5. P. RAJEEVAN, AGED 55 YEARS, S/O. P. PARU, PANAKKARAN HOUSE,
THAVIDISSERY, PO. ARAVANCHAL, KANNUR DISTRICT, PIN - 670 353.
6. T.P. BHASKARAN, AGED 70 YEARS, S/O. KARAYIL KUNHAPPU, THURUTHIPPALLI
HOUSE, THAVIDISSERY, PO. ARAVANCHAL, KANNUR DISTRICT, PIN - 670 353.
7. MEENAKSHI.P, AGED 40 YEARS, D/O. RAMAN, POTTAKKULATH
HOUSE,THAVIDISSERY, PO. ARAVANCHAL, KANNUR DISTRICT, PIN - 670 353.
8. BEENA.A, AGED 47 YEARS, /O. KAMMARAN, 'GOVIND', AYITHALA,PERINGOME
PO, KANNUR DISTRICT, PIN - 670 353.
9. C. SUNDARAN, AGED 62 YEARS, S/O. GOVINDAN, CHEDAMBATH HOUSE,P.O.
PERINGOME, KANNUR DISTRICT, PIN - 670 353.
10. PANAKKARATHI NISHA, AGED 40 YEARS, /O. RAMAN.V, VADHOOPPAN HOUSE,
PADYAM, KANDOTH PO, KANNUR DISTRICT, PIN - 670 307.
RESPONDENTS/RESPONDENTS:
1. DISTRICT COLLECTOR, COLLECTORATE, KANNUR, PIN - 670 002.
2. TAHSILDAR, TALUK OFFICE, PAYYANUR, KANNUR DISTRICT, PIN - 670 307.
3. VILLAGE OFFICER, VILLAGE OFFICE, PERINTHATTA P.O, KANNUR DISTRICT,
PIN - 670 306.
4. LAKSHMANAN, AGED 55 YEARS, S/O. KOTHIRI KUNHIKANNAN, R/AT KARIVELLUR
PO, KANNUR DISTRICT, PIN - 670 603.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay all further
proceedings pursuant to Exhibit P23.
WP(C) No.29507/2023 2/6
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.M.V.AMARESAN, S.S.ARAVIND, Advocates for the applicants in
IA/petitioners in WP(C), GOVERNMENT PLEADER for respondents 1 to 3 in
IA/WP(C) and of M/S.SUMI O., M.PROMODH KUMAR, Advocates for 4th
respondent in IA/WP(C), the court passed the following:
WP(C) No.29507/2023 3/6
DR.KAUSER EDAPPAGATH, J.
------------------------------------------
I.A.No.2 of 2024
in
W.P.(C) No.29507 of 2023
-------------------------------------------
Dated this the 22nd day of October, 2024
ORDER
This Interlocutory Application has been filed to stay all
further proceedings pursuant to Ext.P23.
2. The petitioners are aggrieved by the recitals in the
last paragraph of Ext.P23, which provides that the land tax is
to be collected from the legal heirs of Cheyeyi, except the land
found to be in possession of third parties based on title deeds
and excess land already assigned by the Government.
According to the petitioners, as per Exts.P21 and P22
judgments, there is a specific finding that the legal heirs of
Cheyeyi shall be permitted to remit the land tax, subject to
the rights of other persons in possession of the property
falling within Re.Sy.No.15. According to the counsel, thus,
the direction was to exclude the property of other persons
in
..2..
who are in possession of the property falling within
Re.Sy.No.15, irrespective of title. Hence, the word 'title deeds'
referred to in the last portion of Ext.P23 is unwarranted. It is
in these circumstances, the stay of further proceedings
pursuant to Ext.P23 has been sought.
3. I have heard the learned counsel for the petitioners,
the learned counsel appearing for the 4 th respondent and the
learned Government Pleader.
4. It is true, as rightly pointed out by the learned
counsel for the petitioners, that the the rights of other persons
in possession of the property falling within Re.Sy.No.15,
including the petitioners herein, have been protected as per
Exts.P21 and P22 judgments.
5. The learned Government Pleader submits that
survey conducted pursuant to the direction of this Court in
Ext.P21 is over and the property possessed by others including
the petitioners in Re.Sy.No.15 having an extent of 42 acres has
been excluded. Hence, it is clarified that the land tax shall be
in
..3..
accepted from the legal heirs of Cheyeyi based on the survey
excluding the land found to be in possession of the petitioners
and others.
Post on 25.11.2024.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
22-10-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 29507/2023
Exhibit-P21 TRUE COPY OF JUDGMENT PASSED BY THIS HON'BLE COURT IN
W.P(C) NO. 7650/2022 DATED 12-12-2022
Exhibit-P22 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT IN
REVIEW PETITION NO 408/2024 IN W.P.(C) 7650/2022 DATED
25/03/2024
Exhibit-P23 TRUE COPY OF FAX MESSAGE BEARING REF.NO. CONTEMPT CASE
(CIVIL) NO.774/2023/X3 DATED 11.09.2024 ISSUED FROM THE
OFFICE OF ADV. GENERAL
22-10-2024 /True Copy/ Assistant Registrar
