Kerala High Court
Jayalalitha R vs The Village Officer on 28 January, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
2025:KER:6500
WP(C) NOS. 42681 & 42710 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946
WP(C) NO. 42681 OF 2024
PETITIONER:
JAYALALITHA R
AGED 56 YEARS
W/O. PARAMESAWAN 77/IABC VJP AVENUE,
SWAMICHETTI PALAYAM, JOTHIPURAM, COIMBATORE,
PIN - 641047.
BY ADV E.V.MOLY
RESPONDENTS:
1 THE VILLAGE OFFICER,
VILLAGE OFFICE, PADAVAYAL PALAKKAD,
PIN - 678582.
2 THE SPECIAL TAHSILDAR (L.A & L.T)
OFFICE OF SPECIAL TAHSILDAR, ATTAPPADI, AGALI,
PALAKKAD, PIN - 678581.
SMT. DEEPA NARAYANAN. SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.01.2025, ALONG WITH WP(C).42710/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:6500
WP(C) NOS. 42681 & 42710 OF 2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946
WP(C) NO. 42710 OF 2024
PETITIONER:
ANUPRIYANKA.P
AGED 31 YEARS
D/O. PARAMESAWAN 77/1ABC VJP AVENUE,
SWAMICHETTI PALAYAM, JOTHIPURAM, COIMBATORE,
PIN - 641047.
BY ADV E.V.MOLY
RESPONDENTS:
1 THE VILLAGE OFFICER
VILLAGE OFFICE, PADAVAYAL PALAKKAD,
PIN - 678582.
2 THE SPECIAL TAHSILDAR (L.A & L.T)
OFFICE OF SPECIAL TAHSILDAR, ATTAPPADI, AGALI,
PALAKKAD, PIN - 678581.
SMT. DEEPA NARAYANAN. SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.01.2025, ALONG WITH WP(C).42681/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:6500
WP(C) NOS. 42681 & 42710 OF 2024
3
T.R. RAVI, J.
--------------------------------------------
W.P.(C) Nos.42681 & 42710 of 2024
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Dated this the 28th day of January, 2025
JUDGMENT
The petitioners in the above writ petitions are
aggrieved by the non-acceptance of tax. Since the issue
involved is similar, the writ petitions are disposed of by a
common judgment.
2. The Government Pleader on instructions
submits that tax was not accepted for the reason that the
petitioners did not produce the prior title deed.
3. A statement has been filed by the 1st
respondent in W.P.(C) No.42681/2024, wherein it is stated
that the petitioner failed to produce prior documents to prove
how the land was acquired. Hence, it is informed to the
petitioner that mutation can be done only on the submission of
pattayam or prior documents.
2025:KER:6500
WP(C) NOS. 42681 & 42710 OF 2024
4. The counsel for the petitioners submits that
the request for Patta is pending consideration and that is the
reason why it cannot be produced. It is submitted that all
other documents which are required to show the title have
been produced.
In the above circumstances, these writ petitions are
disposed of directing the respondents to consider the request
of the petitioners and accept tax, if the applications are
otherwise in order, without insisting on the production of the
prior title deed/Patta. It is made clear that this direction will
not in any manner amount to declaration of title of the
petitioners.
Sd/-
T.R.RAVI
JUDGE
mpm
2025:KER:6500
WP(C) NOS. 42681 & 42710 OF 2024
APPENDIX OF WP(C) 42681/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SALE DEED
NO.662/2024 DATED 17.04.2024.
Exhibit P2 THE TRUE COPY OF THE SAID CERTIFICATE/S
NO.14/2023 DATED 02.03.2023 ISSUED BY 1ST
RESPONDENT CONFIRMING POSSESSION AND
KUDIYIRIPPU RIGHT UPON 1.9229 HECTOR
PROPERTY COMPRISED IN OLD SY.NO.317 OF
PADAVAYAL VILLAGE IN FAVOUR OF
SRI.KARUPPASWAMI.
Exhibit P3 THE TRUE COPY OF THE CERTIFICATE
NO.KL09070600213/23 DATED 03.03.2023
ISSUED BY 1ST RESPONDENT FOR PAYMENT OF
TAX UNDER THANDAPPER NO.206/T14.
Exhibit P4 THE TRUE COPY OF RECEIPT DATED 10.05.2023
ISSUED FOR ACKNOWLEDGEMENT OF
REGISTRATION OF S.M.NO.400/2023 ISSUED IN
FAVOUR OF
SRI. MUHAMMADALI.
Exhibit P5 THE TRUE COPY OF THE CERTIFICATE
NO.14/2023 DATED 02.03.2023 ISSUED BY 1ST
RESPONDENT.
Exhibit P6 THE TRUE COPY OF THE CERTIFICATE NO.14/23
DATED 2.3.2023 ISSUED BY REVENUE
INSPECTOR ATTACHED TO THE OFFICE OF THE
1ST RESPONDENT CONFIRMING EXISTENCE OF
KUDIYIRIPPU PRIOR TO 01.01.1964 AND
POSSESSION OF THE SUBJECT PROPERTY IN THE
NAME OF SRI. KARUPPASWAMI.
Exhibit P7 THE TRUE COPY OF THE MAHAZAR PREPARED BY
THE 1ST RESPONDENT CONFIRMING POSSESSION
2025:KER:6500
WP(C) NOS. 42681 & 42710 OF 2024
OF THE SUBJECT PROPERTY BY
SRI.KARUPPASWAMI AS ON 02.03.2023.
Exhibit P8 THE TRUE COPY OF THE LOCATION SKETCH
ISSUED BY 1ST RESPONDENT.
Exhibit P9 THE TRUE COPY OF THE LETTER DATED
23.10.2024 ISSUED BY 1ST RESPONDENT.
2025:KER:6500
WP(C) NOS. 42681 & 42710 OF 2024
APPENDIX OF WP(C) 42710/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SALE DEED
NO.1211/2024 DATED 06.07.2024.
Exhibit P2 THE TRUE COPY OF THE SAID CERTIFICATE/S
NO.15/2023 DATED 02.03.2023 ISSUED BY 1ST
RESPONDENT CONFIRMING POSSESSION AND
KUDIYIRIPPU RIGHT UPON 2.2666 HECTOR
PROPERTY COMPRISED IN OLD SY.NO.317 OF
PADAVAYAL VILLAGE IN FAVOUR OF SRI.
SIVAKUMAR.
Exhibit P3 THE TRUE COPY OF THE CERTIFICATE
NO.KL09070600210/23 DATED 03.03.2023
ISSUED BY 1ST RESPONDENT FOR PAYMENT OF
TAX UNDER THANDAPPER NO.206/T11.
Exhibit P4 THE TRUE COPY OF RECEIPT DATED 10.05.2023
ISSUED FOR ACKNOWLEDGEMENT OF
REGISTRATION OF S.M.NO.397/2023 ISSUED IN
FAVOUR OF
SRI. SIVAKUMAR.
Exhibit P5 THE TRUE COPY OF THE CERTIFICATE
NO.15/2023 DATED 02.03.2023 ISSUED BY 1ST
RESPONDENT.
Exhibit P6 THE TRUE COPY OF THE SAID CERTIFICATE
ISSUED UNDER CERTIFICATE NO.15/23 DATED
2.3.2023 ISSUED BY REVENUE INSPECTOR
ATTACHED TO THE OFFICE OF THE 1ST
RESPONDENT CONFIRMING EXISTENCE OF
KUDIYIRIPPU PRIOR TO 01.01.1964.
Exhibit P7 THE TRUE COPY OF THE MAHAZAR PREPARED BY
THE 1ST RESPONDENT CONFIRMING POSSESSION
OF THE SUBJECT PROPERTY BY SRI. SIVAKUMAR
AS ON 02.03.2023.
2025:KER:6500
WP(C) NOS. 42681 & 42710 OF 2024
Exhibit P8 THE TRUE COPY OF THE LOCATION SKETCH
ISSUED BY 1ST RESPONDENT.
Exhibit P9 THE TRUE COPY OF THE LETTER DATED
23.10.2024 ISSUED BY 1ST RESPONDENT.
