Kerala High Court
Devadasan vs The District Collector on 24 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) NO. 9939 OF 2022
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2024:KER:79544
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
WP(C) NO. 9939 OF 2022
PETITIONER:
DEVADASAN, AGED 84 YEARS, S/O SANKARAN,
MANAKKATTUVILAKATHU VEEDU, TC 99/1769 ,
PULIMMOODU JUNCTION, KULATHOOR.P.O,
THIRUVNATHAPURAM. 695 583, PIN - 695583
BY ADV S.NIDHEESH
RESPONDENTS:
1 THE DISTRICT COLLECTOR, CIVIL STATION ,
THIRUVANTHAPURAM, PIN - 695001
2 THE TAHASILDAR (LAND RECORDS), TALUK OFFICE,
KOTTAYKKAKAM, THIRUVANATHAPURAM-695 023
3 THE VILLAGE OFFICER,
ATTIPRA VILLAGE OFFICE, ATTIPRA,
THIRUVANANTHAPURAM.695 583
OTHER PRESENT:
DEEPA V., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) NO. 9939 OF 2022
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JUDGMENT
The petitioner claims to be the owner in possession of 28
cents of land in Sy.No.2403 and 2403/8 of Attipra village. The
petitioner's father obtained the property as per Ext.P8 partition
deed. It is alleged that after the death of the father of the
petitioner, the property devolved upon the petitioner being his
sole legal heir. It is also alleged that the land was twice acquired
by the railway and what remains with the petitioner is 10 cents of
property. The petitioner has approached this Court, since the 3 rd
respondent refused to accept the land tax from him. The request
of the petitioner to accept land tax was rejected by the 2 nd
respondent, as per Ext.P7 communication. It is in these
circumstances, the petitioner has approached this Court to quash
Ext.P7 and to direct to accept the land tax.
2. I have heard Sri.S.Nidheesh, the learned counsel for
the petitioner and Smt.Deepa V., the learned Government
Pleader.
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3. The reason stated in Ext.P7 is that the property does
not have a clear cut boundary and that there is some confusion
regarding possession of the property. Ext.P8 would prima facie
show that petitioner's father is the title holder of the property.
Ext.P1 is the legal heir certificate, which would show that the
petitioner is the only legal heir of his father. Ext.P2, the land tax
receipt, would show that in 1962 the father had paid land tax
also.
4. In the statement filed by the 2 nd respondent, it is
stated that in the BTR, an extent of 4.06 ares of property in
Sy.No.2403/8 has been shown in the name of Sree Narayana
Paraspara Sahaya Sahakarana Sangam. The petitioner filed a
reply affidavit stating that there is no such Sangam and no part
of the property is in possession of any other person or Sangam.
To substantiate the said contention, the petitioner has produced
Exts.P5 and P6 encumbrance certificates. The fact that the
property does not have clear cut boundaries is not a ground to
refuse the acceptance of land tax. For these reasons, I am of the
WP(C) NO. 9939 OF 2022
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view that Ext.P7 is not justified and accordingly it is set aside.
The writ petition is disposed with a direction to the
respondents 2 and 3 to consider the request of the petitioner to
accept the land tax afresh, taking into account the title deed, tax
receipt and encumbrance certificate produced by the petitioner
within a period of two months from the date of receipt of a copy
of this judgment.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
WP(C) NO. 9939 OF 2022
2024:KER:79544
APPENDIX OF WP(C) 9939/2022
PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LEGAL HEIR CERTIFICATE
DATED 7.4.2018
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
2.5.1962
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE
BASIC TAX REGISTER.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION FROM THE
2ND RESPONDENT DATED 3.5.2021
EXHIBIT P5 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
DATED 23.6.2021
EXHIBIT P6 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
DATED 23.6.2021
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION FROM THE
2ND RESPONDENT DATED 12.8.2021
EXHIBIT P8 TRUE COPY OF THE PARTITION DEED DATED
6.1.1928
EXHIBIT P9 TRUE COPY OF INFORMATION RECEIVED UNDER
THE RTI ACT ON 26.11.2011
