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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 27TH DAY OF SEPTEMBER 2024 / 5TH ASWINA, 1946 WP(C) NO. 26627 OF 2024 PETITIONER:
SHOBHANA SOMAN AGED 63 YEARS W/O.M.A.SOMAN, ALAPPURATH HOUSE, MANGANAM P.O, VIJAYAPURAM, KOTTAYAM., PIN - 686011 BY ADVS. SHAJI THANKAPPAN SUBIN K SUDHEER P.N.SUMODU AMAL BABY AJAY GOPAL RESPONDENTS:
1 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, SECOND FLOOR, MINI CIVIL STATION, PUTHENANGADY, KOTTAYAM, KERALA., PIN - 686001
2 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, SECOND FLOOR, MINI CIVIL STATION, PUTHENANGADY, KOTTAYAM, KERALA PIN - 686001
3 THE TAHASIDAR(LAND RECORDS)
TALUK OFFICE, MINI CIVIL STATION, PUTHENANGADY, KOTTAYAM, KERALA, PIN - 686001
4 THE VILLAGE OFFICER VIJAYAPURAM VILLAGE, VADAVATHOOR, KOTTAYAM, KERALA., PIN – 686010
5 KERALA BACKWARD CLASS CHRISTIAN FEDRATION MANGANAM BRANCH NO.69, KOTTAYAM, REPRESENTED BY ITS SECRETARY VARGHEESE CHANDY, KARIPPAMATTOM, PAMBADY P.O., KOTTAYAM -
686502 SMT. Deepa V., GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner claims to be the owner in possession of the property covered by Ext.P1. When the petitioner gave application to the 4th respondent to effect mutation of the property on the strength of Ext.P1, the 4th respondent rejected the same on the ground that there is title dispute in respect of the property. It is in these circumstances, the petitioner has approached this Court to give a direction to the 4th respondent to effect mutation of the property.
2. I have heard the learned counsel for the petitioner and the learned Government Pleader Smt.
Deepa V.
3. Ext.P1 is the title deed in favour of the petitioner. Ext. P2 is the prior title deed. Ext.P3 is the land tax receipt paid in the name of the previous owner. Exts.P1 to P3 would prima facie show the title and possession of the petitioner over the property. As per Ext.P2, the assignor of the property is Kerala Backward Class Christian Federation (KBCCF). It obtained the right over the property as per Ext.P2. In Ext.P2 there is a recital that if the Christian Federation cease functioning, all the members would get right over the property. The said recital is not a bar to mutate the property. Admittedly, nobody has approached the civil court so far claiming title over the property. It is trite that mere acceptance of tax would not confer title over the property in whose favour the tax is paid. Hence, Ext.P7 is not sustainable. Accordingly, it is set aside. The 4th respondent is directed to mutate the property in the name of the petitioner, within one month from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
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