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2021 Supreme(Online)(KER) 37739

HIGH COURT OF KERALA
Devan Ramachandran, J
SHANKAR P.A. – Appellant
Versus
THE VILLAGE OFFICER – Respondent


Advocates:
M.R.VENUGOPAL, SMT.DHANYA P.ASHOKAN

JUDGMENT

The petitioner has approached this Court seeking a direction to the 1st respondent to accept the land tax for the property covered by Ext.P1 Sale Deed, within a time frame to be fixed by this Court.

2. Sri.T.P.Sajan – learned Special Government Pleader appearing for the Forest Department, conceded that a 'No Objection Certificate' has already been issued for the afore purpose by the 3rd respondent – Divisional Forest Officer; but that subsequent thereto, a suspicion arose as to the genuineness of the Purchase Certificate, which is the prior document of the petitioner; and that an enquiry into the same is now being contemplated.

3. Even when I hear Sri.T.P.Sajan as afore, the fact remains that as long as the title documents are unimpeached, the 1st respondent – Village Officer, cannot decline permission to the petitioner to remit land tax. This is because, mere remittance of land tax will not obtain to the petitioner any extra right - either in equity or in law, with respect to the ownership of the property in question; and if, through any enquiry that may be ordered, it is found that the Purchase Certificate is found to be invalid or fraudulent, then certainly the competent

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