Laila Beevi vs The District Collector
2024 Latest Caselaw 29882 Ker

Kerala High Court

Laila Beevi vs The District Collector on 22 October, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C) No. 20542 of 2024

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               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

                        WP(C) NO. 20542 OF 2024

PETITIONERS:


     1      LAILA BEEVI
            AGED 63 YEARS, W/O RASHEED,
            CHEVIKKATHU, VILAKKATHU VEEDU,
            CHERAMANTHURUTH, PUTHENCURICHY P.O.,
            THIRUVANANTHAPURAM, PIN - 695303

     2      RAZEELA BEEVI
            AGED 39 YEARS, D/O LAILA BEEVI,
            CHEVIKKATHU VILAKKATHU VEEDU,
            CHERAMANTHURUTH, PUTHENCURICHY P.O.,
            THIRUVANANTHAPURAM, PIN - 695303
            BY ADVS.
            GOKUL D. SUDHAKARAN
            K.SUDHINKUMAR
            R.RAHMATHULLAH
RESPONDENTS:

     1      THE DISTRICT COLLECTOR,
            COLLECTORATE, KUDAPANAKUNNU,
            THIRUVANANTHAPURAM, PIN - 695043

     2      THE TAHSILDAR
            CHIRAYINKEEZHU TALUK,
            MINI CIVIL STATION BUILDING, ATTINGAL,
            THIRUVANANTHAPURAM - KERALA, PIN - 695101

     3      THE VILLAGE OFFICER,
            AZHOOR VILLAGE, KANIYAPURAM RD, AZHOOR,
            THIRUVANANTHAPURAM, PIN - 695305
 W.P.(C) No. 20542 of 2024

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     4      THE TALUK SURVEYOR
            CHIRAYINKEEZHU TALUK,
            MINI CIVIL STATION BUILDING, ATTINGAL
            THIRUVANANTHAPURAM - KERALA, PIN - 695101
            DEEPA V.- GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 20542 of 2024

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                            JUDGMENT

The 1st petitioner purchased 53 cents of land comprised in

Sy.Nos. 3063/57 and 3063/73 of Azhoor Village in

Chirayankeezhu Taluk as per Ext.P1 sale deed. Thereafter, the 1 st

petitioner gifted the said property to the 2 nd petitioner as per

settlement deed No.943/1999 of Murukkumpuzha SRO.

According to the petitioners, even though the extent shown in the

title deed is only 53 cents, they are in possession of 83 cents.

They have been paying land tax also for 83 cents as evident from

Exts.P2 to P5. However, when the 2 nd petitioner approached the

3rd respondent to mutate the property on the strength of the gift

deed, the 3rd respondent refused to mutate the property stating

that the property is a kayal puramboke. Thereafter, petitioners

approached the Kerala Lok Ayukta. Lok Ayukta passed Ext.P7

order holding that the 2nd petitioner has title over 53 cents of

land. Respondent Nos. 2 and 3 were directed to accept tax in

respect of the said 53 cents of land. The said finding was arrived

at based on the admission of the 2 nd respondent. So far as the

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remaining 30 cents of land is concerned, the 2 nd petitioner was

given liberty to apply for assignment. It is submitted by the

learned counsel for the petitioners that the petitioners have

already filed an application for assignment before the

Government and it is still pending. Now, the grievance of the

petitioners is that the 2nd and 3rd respondents are not accepting

land tax even for 53 cents of land admittedly belongs to and is in

possession of the 2nd petitioner.

2. I have heard Sri.Gokul D Sudhakaran, the learned

counsel appearing for the petitioners and Smt.Deepa V., the

learned Government Pleader.

3. The learned Government Pleader submitted that, in the

Re-Survey conducted, it is now found that the entire 83 cents of

land possessed by the petitioners is a kayal puramboke. However,

a reading of Ext.P7 would show that the 2 nd respondent has

admitted in the said proceedings that the petitioners have title

and possession over the 53 cents of land. In Ext.P7, the Lok

Ayukta has also held that the petitioners have title over 53 cents

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of land and gave a direction to 2 nd and 3rd respondents to accept

land tax. Ext.P7 has become final. The Government has not

challenged it. Moreover, mere acceptance of the land tax will not

confer any title. Hence, the 2 nd and 3rd respondents are directed

to accept land tax with respect to the 53 cents of land. It is

submitted by the learned Counsel for the petitioners that the

application for assignment with respect to the 30 cents of land is

pending before the 2nd respondent. The 2nd respondent is directed

to dispose of the same, in accordance with law. It is made clear

that this judgment will not prevent the Government from

initiating appropriate legal proceedings against the petitioner to

recover the land on the ground that it is a puramboke land.

The writ petition is disposed of as above.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

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APPENDIX OF WP(C) 20542/2024

PETITIONER EXHIBITS

EXHIBIT -P1 TRUE COPY OF THE CERTIFIED COPY OF THE SALE DEED NO.661/1974 OF BOOK NO.1 OF CHIRAYANKEEZHU SRO

EXHIBIT -P2 TRUE COPY OF THE TAX RECEIPT ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DATED 20-07-

EXHIBIT -P3 TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 1ST PETITIONER BY THE 3RD RESPONDENT DATED 03-05-

EXHIBIT -P4 TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 1ST PETITIONER BY THE 3RD RESPONDENT DATED 22-10-

EXHIBIT -P5 TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 1ST PETITIONER BY THE 3RD RESPONDENT DATED 02-07-

EXHIBIT -P6 TRUE COPY OF THE APPLICATION NO.781/99 FOR TRANSFER OF REGISTRY PREFERRED BY THE 1ST PETITIONER DATED NIL

EXHIBIT -P7 TRUE COPY OF THE ORDER DATED 02-08-2021 IN COMPLAINT NO.470/2013 OF THE HON'BLE LOK AYUKTA