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2024 Supreme(Online)(KER) 16784
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 13TH DAY OF MARCH 2024 / 23RD PHALGUNA, 1945
WP(C) NO. 9919 OF 2024
PETITIONER:
ANITHA
AGED 53 YEARS
D/O KOMALAM EDATHUNDIL VEEDU, KIDANGAYAM,
VADAKKUMURI, SOORANAD, THEKKU VILLAGE,
KUNNATHOOR, KOLLAM, PIN - 690522
BY ADVS.
JOHNSON GOMEZ
SANJAY JOHNSON
JOHN GOMEZ
ARUN JOHNY
DEEBU R.
ABIN JACOB MATHEW
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT OF
KERALA, REVENUE DEPARTMENT, SECRETARIAT,
THIRUVATHAPURAM, PIN - 695001
DISTRICT COLLECTOR
DISTRICT COLLECTOR OFFICE, CIVIL STATION,
KOLLAM, KERALA, PIN - 691013
REVENUE DIVISIONAL OFFICER
RDO OFFICE, CIVIL STATION, KOLLAM - 691013,
KERALA, PIN - 691013
TAHSILDAR
TALUK OFFICE, KARUNAGAPALLY, KOLLAM,
KERALA, PIN - 690518
VILLAGE OFFICER
OCHIRA VILLAGE, KARUNAGAPPALLY TALUK,
KOLLAM DISTRICT, KERALA, PIN - 690526
BY ADV.SMT.DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)NO.9919/2024
A person who has obtained a property on the strength of a sale conducted by a court is entitled to have the mutation of the property effected and the land tax accepted without any delay.
Headnote:
Fact of the Case:
The petitioner approached the court seeking a direction to the fifth respondent to consider and pass orders on Ext.P9 representation. The petitioner claimed to be the absolute owner of 20 Ares and 73 Sq.Mtrs. of land obtained on the strength of Ext.P1 auction sale certificate issued by the Family Court, Kollam. Though the petitioner made a request before the authorities concerned for mutation of the property and to accept land tax, the same has not been done till date.
Finding of the Court:
The court directed the fourth respondent to consider Ext.P8 representation made by the petitioner taking into consideration Ext.P1 auction sale certificate and finalise the proceedings as requested therein, at the earliest, at any rate, within an outer limit of two months, after affording an opportunity of being heard to the petitioner.
Issues: Whether the petitioner is the absolute owner of the property?
Ratio Decidendi: The court held that the petitioner has obtained the property on the strength of the sale conducted by the Family Court and has been issued with Ext.P1 sale certificate, effecting mutation and to accept tax shall be considered and decided without any delay.
Final Decision: The court disposed of the writ petition directing the fourth respondent to consider Ext.P8 representation made by the petitioner taking into consideration Ext.P1 auction sale certificate and finalise the proceedings as requested therein, at the earliest, at any rate, within an outer limit of two months, after affording an opportunity of being heard to the petitioner.
JUDGMENT
Dated this the 13th day of March, 2024 Petitioner has approached this Court seeking a direction to the fifth respondent to consider and pass orders on Ext.P9 representation.
2. Petitioner claims to be the absolute owner of 20 Ares and 73 Sq.Mtrs. of land (51.23 cents) in Re.Sy.No.152/08, Block No.3 of Ochira Village, Karunagappally Taluk, Kollam District, obtained on the strength of Ext.P1 auction sale certificate issued by the Family Court, Kollam. Though the petitioner made a request before the authorities concerned for mutation of the property and to accept land tax, the same has not been done till date. In view of the above facts and circumstance, petitioner has preferred Ext.P8 representation before the fourth respondent as well as Ext.P9 representation before the fifth respondent.
3. Heard the learned Government Pleader also.
4. Taking into consideration the fact that the petitioner has obtained the property on the strength of the sale conducted by the Family Court and has been issued with Ext.P1 sale certificate, I am of the view that effecting mutation and to accept tax shall be considered and decided without any delay.
Therefore, the above Writ Petition is disposed of directing the fourth respondent to consider Ext.P8 representation made by the petitioner taking into consideration Ext.P1 auction sale certificate and finalise the proceedings as requested therein, at the earliest, at any rate, within an outer limit of two months, after affording an opportunity of being heard to the petitioner.
Sd/-
VIJU ABRAHAM JUDGE csl APPENDIX OF WP(C) 9919/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE AUCTION SALE CERTIFICATE DATED 26/05/2008 Exhibit P2 A TRUE COPY OF THE AUCTION KAICHEET OF THE AMIN BEFORE THE FAMILY COURT DATED NIL Exhibit P3 A TRUE COPY OF THE APPLICATION DATED
14/06/2010 BEFORE THE RESPONDENT NO.2, REQUESTING TO EFFECT MUTATION IN THE LAND RECORDS Exhibit P4 A TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT NO.3 DATED 31/05/2017 Exhibit P5 A TRUE COPY OF THE REPLY LETTER SENT BY THE PETITIONER DATED 13/06/2017 Exhibit P6 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 22/06/2018 WITH RESPECT TO SAID PROPERTY ISSUED BY THE REGISTRATION DEPARTMENT Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED
23/01/2024 BEFORE THE RESPONDENT NO.3 FOR DIRECTING THE RESPONDENT NO.5 TO TAKE NECESSARY STEPS FOR EFFECTING MUTATION Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED
23/01/2024 BEFORE THE RESPONDENT NO.4 FOR DIRECTING THE RESPONDENT NO.5 TO TAKE NECESSARY STEPS FOR EFFECTING MUTATION Exhibit P9 A TRUE COPY OF THE REPRESENTATION DATED
23/01/2024 BEFORE THE RESPONDENT NO.5 TO TAKE NECESSARY STEPS FOR EFFECTING MUTATION
