Kerala High Court
Chandrabose vs District Collector on 2 June, 2025
2025:KER:38398
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 2ND DAY OF JUNE 2025 / 12TH JYAISHTA, 1947
WP(C) NO. 16538 OF 2025
PETITIONER:
CHANDRABOSE
AGED 63 YEARS
S/O KRISHNAN, RESIDING MUTTATHUKUDI HOUSE,
THRIKKARIYOOR VILLAGE, KOTHAMANGALAM TALUK,ERNAKULAM.,
PIN - 686692
BY ADVS.
SRI.DENIZEN KOMATH
SMT.SHIMI MOL S.
SHRI.DEAN DENIZEN KOMATH
SMT.SHAHANAS SALMA ABBAS
SMT.ANJU K.A.
SHRI.AJEESH A.
SMT.ANUSREE K.
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE IDUKKI, KUYILIMALA, PAINAV P.O., IDUKKI,
KERALA STATE., PIN - 685603
2 REVENUE DIVISIONAL OFFICER DEVIKULAM
O/O REVENUE DIVISIONAL OFFICER, DEVIKULAM CIRCULAR
ROAD, DEVIKULAM TALUK, KANNAN DEVAN HILLS, KERALA.,
PIN - 685613
3 TAHZILDAR(LR)
O/O TAHZILDAR(LR), DEVIKULAM TALUK, IDUKKI,
PIN - 685613
4 VILLAGE OFFICER
PALLIVASAL,KANNAN DEVAN HILLS, KERALA, PIN - 685561
BY ADV. AJITH VISWANATHAN - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No. 16538 of 2025
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2025:KER:38398
J U D G M E N T
Dated this the 2nd day of June, 2025
The petitioner is the co-owner of the property, having
an extent of 2.2 ares as per Ext.P1 title deed. The 3 rd
respondent/Tahsildar (LR) issued a stop memo to the 4 th
respondent/Village Officer on the basis of a claim
preferred by a 3rd person against the petitioner's
predecessor. Accordingly, the land tax was not
accepted. The petitioner moved a complaint before the
1st respondent/District Collector, and Ext.P2 Order was
passed directing acceptance of the land tax. However,
the land tax was not accepted. Accordingly, the
petitioner approached this Court, which culminated in
Ext.P3 judgment directing acceptance of the land tax.
Accordingly, by Ext.P4, land tax is accepted, but
provisionally as per orders in the Writ Petition
afore-referred. Now, the grievance of the petitioner
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2025:KER:38398
is that the petitioner is not permitted to pay land
tax for the year 2025-2026 and his application for
issuance of Record of Rights (R.O.R.) and location
sketch are not being considered by the 4 th respondent/
Village Officer.
2. Learned Government Pleader would submit that the
survey number shown in the basic purchase certificate
issued is not correct. The survey number shown is 435,
whereas the correct number is 192. However, as of now,
no proceedings have been initiated as against the
patta, which has been issued in favour of the
petitioner's predecessor. The learned Government
Pleader wants to reserve the right to proceed against
the patta, if and when found necessary.
3. Having heard the learned counsel for the
respective parties, this Court notice that, vide
Ext.P2, the discrepancy pointed out by the learned
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2025:KER:38398
Government Pleader has been addressed by the District
Collector, whereafter only he directed acceptance of
the land tax. The land tax is accepted only
provisionally, as could be seen from the endorsement
contained in Ext.P4 land tax receipt. This Court is of
the opinion that a similar course can be adopted with
respect to acceptance of the land tax for the year
2025-2026 and so on, and also for issuance of location
sketch and R.O.R. Inasmuch as the Government has not
initiated any proceedings for cancellation of the
purchase certificate or doubting the correctness of
the purchase certificate, non-issuance of the location
sketch and R.O.R. would impinge upon the property
rights of the petitioner.
4. In the circumstances, there will be a direction to
the 4th respondent to issue location sketch, as also,
R.O.R. to the petitioner provisionally. The land tax
for the year 2025-2026 and so on will also be
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2025:KER:38398
accepted provisionally. The above acts will be without
prejudice to the rights of the respondents to initiate
action as against the purchase certificate issued in
favour of the petitioner's predecessor, if and when
necessity arises. The above directions to accept the
tax and to issue R.O.R. and location sketch will be
complied with within a period of one month from the
date of receipt of a copy of this judgment. The
petitioner will produce a copy of this judgment to the
4th respondent for compliance.
Writ Petition (Civil) is disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
TR
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APPENDIX OF WP(C) 16538/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE DOCUMENT NO.
1401/2012/I OF SRO DEVIKULAM
Exhibit P2 TRUE PHOTOCOPY OF THE DIRECTION ISSUED
FROM THE OFFICE OF THE 1ST RESPONDENT
AND 3RD RESPONDENT, DATED 23.03.2023
Exhibit P3 TRUE PHOTOCOPY OF THE JUDGEMENT IN
W.P.C NO. 30848/2023 DATED 04.10.2023
Exhibit P4 TRUE PHOTOCOPY OF THE RECEIPT OF
ACCEPTANCE OF LAND TAX BY THE 4TH
RESPONDENT DATED 27.06.2024
Exhibit P5 TRUE PHOTOCOPY OF THE REQUEST PREFERRED
BY THE PETITIONER BEFORE THE 4TH
RESPONDENT DATED 21.02.2025 FOR
ISSUANCE OF ROR
Exhibit P6 TRUE PHOTOCOPY OF THE REQUEST FOR
ISSUANCE OF LOCATION SKETCH/SITE PLAN
PREFERRED BY THE PETITIONER BEFORE THE
4TH RESPONDENT
