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HIGH COURT OF KERALA
Kauser Edappagath, J
BEENA KESHAV NAIR – Appellant
Versus
THE VILLAGE OFFICER – Respondent
WP(C) 4436/2023
Tax - Land Dispute - Act Section List - The court primarily referred to the authority of civil courts in resolving rival titles for land, emphasizing that administrative officers cannot adjudicate such disputes, and highlighting the importance of tax payment as a factor in dispute resolution.
Fact of the Case:
The petitioners claimed rival title and possession of land. The petitioner in one case had been paying land tax while the other raised an objection, leading to conflicting claims of ownership.
Finding of the Court:
The court found that the Village Officer properly directed the parties to civil court for adjudication due to the title dispute. It acknowledged the ongoing tax payments by one petitioner but indicated that tax acceptance wouldn't confer ownership rights.
Issues: The primary issue is whether the Village Officer can resolve the rival title and tax payment dispute between the petitioners.
Ratio Decidendi: The court maintained that in cases of conflicting ownership claims, administrative bodies are not empowered to make determinations related to title, necessitating recourse to civil courts.
Final Decision: The Village Officer is directed to collect the land tax from the petitioner who paid previously, pending civil court decisions.
The petitioners in both writ petitions claimed rival title and possession of 1.27 Acres of land situated in Survey No.7/1 (Old Survey Nos.123/5 and 124/1) of Thathamangalam Village .
2.The petitioner in W.P.(C) No. 4436/2023 namely Beena Keshav Nair has been paying land tax in respect of the above said property till the dispute arose. The petitioner in W.P.(C) No.27466/2022 filed objection before the Village Officer against receipt of land tax from the petitioner in W.P.(C) No.4436/2023. W.P.(C) No.27466/2022 has been filed by the petitioner to consider objection regarding the receipt of the property tax in question. W.P.
(C) No.4436/2023 has been filed by the petitioner therein to give a direction to the respondent Village Officer to accept tax from her.
3.I have heard the learned counsel appearing in both cases as well as the learned Government Pleader.
4.Ext.P5 (produced in W.P.(C) No. 4436/2023) passed by the Village Officer would show that since title dispute was raised by both parties, the Village Officer directed the parties to approach the Civil Court. It is true that when there is a rival title over the property, the said dispute cannot be adjudicated by the Village Officer or Tahsildar. The remedy open to the parties is to approach the Civil Court. However, the fact remains that the petitioner in W.P.(C) No. 4436/2023 had been paying tax till the dispute arose. In other words, the petitioner in W.P.(C) No.27466/2022 has no case that she has ever paid the tax.
5.Hence, the Village Officer is directed to collect the land tax for the property from the petitioner in W.P.(C) No.4436/2023. However, it will be subject to the order, if any, passed by the competent Civil Court. It is made clear that the mere acceptance of the land tax from the petitioner pursuant to this order will not confer any title to the petitioner in W.P.(C) No.4436/2023.
Writ petitions are disposed of as above.
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