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2019 Supreme(Online)(KER) 36140
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 28TH DAY OF MARCH 2019 / 7TH CHAITHRA, 1941
WP(C).No.7173 of 2019
PETITIONER:
MANU JOSEPH
AGED 32 YEARS
S/O. JOSEPH, CHEMBANANICKAL, UPPUTHARA,
IDUKKI DISTRICT.
BY ADV. SRI.BIJU .C. ABRAHAM
RESPONDENTS:
1
STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2
THE STATE SPECIAL OFFICER & COLLECTOR,
GOVERNMENT LAND RESUMPTION,
THIRUVANANTHAPURAM-695 001.
3
THE DISTRICT COLLECTOR,
IDUKKI DISTRICT, COLLECTORATE, IDUKKI-685603.
4
THE TAHSILDAR,
PEERMADE TALUK, IDUKKI DISTRICT-685538.
5
THE VILLAGE OFFICER,
UPPUTHARA VILLAGE, PEERMADE TALUK,
IDUKKI DISTRICT-685505.
6
UPPUTHARA PANCHAYATH,
UPPUTHARA REPRESENTED BY ITS SECRETARY-685505.
OTHER PRESENT:
SRI.C P PRADEEP, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.7173/2019
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The petitioner approached this Court seeking the following reliefs:
i) To call for the records leading to Ext.P3 and quash Ext.P3.
ii) To declare that the acceptance of land tax provisionally with
condition is illegal and unsustainable and the Village Officer
has no authority to impose any condition on the basic tax
receipt.
iii) To issue a writ of mandamus or other appropriate writ or
order directing the 5th respondent to remove the
endorsement “provisional acceptance of basic tax subjected
to High Court decision W.P.(C) No.40002/16” from Ext.P2 and
to issue regular fresh tax receipt in lieu of Ext.P2;
iv)To issue a writ of mandamus or other appropriate writ or
order directing the 5th respondent to issue possession
certificate, location sketch, ROR certificate etc. village
records in respect of the property of the petitioner covered by
Ext.P1.
2. The respondent-revenue authority refused to act upon the
request of the petitioner on account of the pendency of
W.P.(C) No.40002 of 2016. The revenue authority also refused to
issue location sketch, possession certificate and ROR certificate to the
petitioner for the reason that as per Ext.P4 proceedings of the Special
Officer, such certificates in respect of the petitioner's land cannot be
issued.
3. A similar matter was considered by this Court in Ext.P6
judgment wherein this Court directed the Village Officer to accept land
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tax without any condition regarding the pendency of W.P.(C) No.40002
of 2016 and connected cases. This Court also noted that
W.P.(C) No.40002 of 2016 and connected cases has been disposed by
Ext.P5 judgment.
In the light of the above, this writ petition is disposed of directing
the 5th respondent to issue ROR certificate to the petitioner and to
remove the endorsement made in Ext.P2 tax receipt, in the light of
Exts.P5 and P6 judgments. All other legal documents, if the petitioner
is entitled, shall be given to him on filing proper application.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1
TRUE COPY OF THE SALE DEED NO.3665/2013
DATED 23/12/2013 OF PEERMADE SRO.
EXHIBIT P2
TRUE COPY OF THE RECEIPT DATED 20.6.2018
FOR PAYMENT BASIC TAX FOR THE YEAR 2018-19.
EXHIBIT P3
TRUE COPY OF THE LETTER DATED 26.2.2019
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P4
TRUE COPY OF THE PROCEEDINGS NO.GLR(LR)
210/15/PER-TCO DATED 12/8/2016 OF THE
SPECIAL OFFICER AND COLLECTOR.
EXHIBIT P5
TRUE COPY OF THE JUDGMENT DATED 7/11/2018
PASSED BY THIS HON'BLE COURT IN WPC
NO.40002/2016 AND CONNECTED CASES.
EXHIBIT P6
TRUE COPY OF THE JUDGMENT DATED 18.2.2019
PASSED BY THIS HON'BLE COURT IN WPC
NO.4647/2019.
RESPONDENTS' EXHIBITS: NIL.
True Copy
P.S to Judge
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