Title over land confirmed despite government claims of puramboke status; acceptance of land tax does not confer title.

J U D G M E N T

The 1st petitioner purchased 53 cents of land comprised in Sy.Nos. 3063/57 and 3063/73 of Azhoor Village in Chirayankeezhu Taluk as per Ext.P1 sale deed. Thereafter, the 1st petitioner gifted the said property to the 2nd petitioner as per settlement deed No.943/1999 of Murukkumpuzha SRO. According to the petitioners, even though the extent shown in the title deed is only 53 cents, they are in possession of 83 cents. They have been paying land tax also for 83 cents as evident from Exts.P2 to P5. However, when the 2nd petitioner approached the 3rd respondent to mutate the property on the strength of the gift deed, the 3rd respondent refused to mutate the property stating that the property is a kayal puramboke. Thereafter, petitioners approached the Kerala Lok Ayukta. Lok Ayukta passed Ext.P7 order holding that the 2nd petitioner has title over 53 cents of land. Respondent Nos. 2 and 3 were directed to accept tax in respect of the said 53 cents of land. The said finding was arrived at based on the admission of the 2nd respondent. So far as the remaining 30 cents of land is concerned, the 2nd petitioner was given liberty to apply for assignment. It is submitted by the learned counsel for the petitioners that the petitioners have already filed an application for assignment before the Government and it is still pending. Now, the grievance of the petitioners is that the 2nd and 3rd respondents are not accepting land tax even for 53 cents of land admittedly belongs to and is in possession of the 2nd petitioner.

2. I have heard Sri.Gokul D Sudhakaran, the learned counsel appearing for the petitioners and Smt.Deepa V., the learned Government Pleader.

3. The learned Government Pleader submitted that, in the Re-Survey conducted, it is now found that the entire 83 cents of land possessed by the petitioners is a kayal puramboke. However, a reading of Ext.P7 would show that the 2nd respondent has admitted in the said proceedings that the petitioners have title and possession over the 53 cents of land. In Ext.P7, the Lok Ayukta has also held that the petitioners have title over 53 cents of land and gave a direction to 2nd and 3rd respondents to accept land tax. Ext.P7 has become final. The Government has not challenged it. Moreover, mere acceptance of the land tax will not confer any title. Hence, the 2nd and 3rd respondents are directed to accept land tax with respect to the 53 cents of land. It is submitted by the learned Counsel for the petitioners that the application for assignment with respect to the 30 cents of land is pending before the 2nd respondent. The 2nd respondent is directed to dispose of the same, in accordance with law. It is made clear that this judgment will not prevent the Government from initiating appropriate legal proceedings against the petitioner to recover the land on the ground that it is a puramboke land.

The writ petition is disposed of as above.