Disposed

T.A. Salim v. State of Kerala

Kerala HC16 Sept 2014WP(C)/17767/2014

Case brief

AI extract

What is this about?

The Court held that since identity of the property was questioned due to possession by unidentified persons, the petitioner must identify possessors. Directed the Village Officer to provide details of persons paying basic tax and land extent within four months upon request and fee payment by petitioner.

What did the court decide?

Petitioner directed to identify possessors. Village Officer directed to furnish details of persons paying basic tax and extent of property within four months on request and fee payment.

T.A. Salim Vs State of Kerala — Property and Title | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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TUESDAY, THE 16TH DAY OF SEPTEMBER 2014/25TH BHADRA, 1936

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WP(C).No. 17767 of 2014 (U)

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PETITIONER :

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T.A.SALIM, AGED 65 YEARS, S/O.T.A.ABDULLA, PONNAMBATH HOUSE, KUNNUMPURAM DESOM, FORTKOCHI - 682 001.

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BY ADVS.SRI.BIJU ABRAHAM

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SRI.K.C.GINEEB

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RESPONDENTS :

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM - 682 030

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3. THE VILLAGE OFFICER, ELAMKULAM, KOCHI-20.

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4. THE TAHSILDAR, KANAYANNUR, ERNAKULAM - 682 011.

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5. THE TALUK SURVEYOR, KANAYANNUR TALUK, OFFICE OF THE TALUK SURVEYOR, ERNAKULAM- 682 011.

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6. THE VIGILANCE OFFICER, VIGILANCE CELL, REVENUE DEPARTMENT, COLLECTORATE, ERNAKULAM - 682 030.

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BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 17767 of 2014 (U)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1 :	A TRUE COPY OF THE RELATION CERTIFICATE OF LATE MARIYUMMA ISSUED BY THE VILLAGE OFFICER, THOPPUMPADY.
EXT.P2 :	A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE DISTRICT COLLECTOR, ERNAKULAM DATED 02-11-2011.
EXT.P3 :	A TRUE COPY OF THE COMMUNICATION DATED 15-11-2011 OF THE DISTRICT COLLECTOR, ERNAKULAM TO TAHSILDAR, KANAYANNUR.
EXT.P4 :	A TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, ELAMKULAM TO THE TAHSILDAR DATED 24-12-2011.
EXT.P5 :	A TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, ELAMKULAM TO THE TAHSILDAR KANAYANNUR DATED 09-08-2012.
EXT.P6 :	A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE DISTRICT COLLECTOR DATED 30-04-2014.
EXT.P7 :	A TRUE COPY OF THE DOCUMENT NO.1819/1123 M.E. OF DISTRICT REGISTRAR'S OFFICE, KOCHI.
EXT.P8 :	A TRUE COPY OF THE DOCUMENT NO.2311/1118 M.E. OF THE DISTRICT REGISTRAR'S OFFICE, KOCHI.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

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W.P.(C).No. 17767 OF 2014

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Dated this the 16th day of September , 2014

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JUDGMENT

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This writ petition is filed seeking the following reliefs;

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A). A writ of mandamus or any other appropriate writ, order or direction commanding the respondents 3 to 5 to measure the land of the petitioner as required by him in Exhibit P1 and to provide a sketch and report in respect of the said measurement to the petitioner within a time fixed by this Hon'ble court.

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B). A writ of mandamus or any other appropriate writ, order or direction commanding the 2^nd and 6^th respondents to enquire into the land dealing and the mutations effected including the documents produced in respect of the land covered under in Sy. No.887/5 & 15, 876/2, 877/1, 877/2, 878, 879/2, 886/3 ,880/3, 799/3, 800, 801/1, 876/4, 882/4, 884/1 ,883 & 876 of Elamkulam village as per documents No.2311 of 1118 M.E. and take action against the fabrication of false records in respect of the land.

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C). A writ of mandamus or any other appropriate writ, order or direction commanding the respondents not to effect any change of registry in respect of land covered under in Sy. No.887/5 & 15, 876/2, 877/1, 877/2 ,878, 879/2, 886/3 ,880/3, 799/3, 800, 801/1, 876/4, 882/4, 884/1, 883 & 876 of Elamkulam village as per documents No.2311 of 1118 M.E. Till a decision is taken by the 2^nd and 6^th respondents over the land and in respect of mutations already effected in the said land.

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W.P.(c).No.17767 of 2014

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: 2 :

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The property originally claimed to be owned by one late Mariyumma as per document No. 1819 of 1123 of Malayalam Era ( M.E.) under the District Registrar's office Kochi. The petitioner, claiming as one of the legal heirs of late Mariyumma, has approached the Revenue Officials to accept the basic tax and also to effect mutations in favour of the legal heirs. It appears that there are several persons in possession of the property. The petitioner's request has been responded by Exts.P3, P4 and P5. In Ext.P5 it is stated by the Village Officer that if the petitioner submits details regarding the persons who are in possession of the land and details of the land left after demarcating the property in possession of such persons, the Village Officer is prepared to accept the basic tax from the petitioner.

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It is submitted by the learned Government Pleader that the Taluk Surveyor has inspected the property and was unable to identify the property claimed by the petitioner. Though, apparently, the petitioner's request is for effecting the transfer of registry and accepting the basic tax, on account of the fact that the properties are in possession of many unidentified persons, it appears that identity of the property is in question and not the transfer of registry or acceptance of

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W.P.(c).No.17767 of 2014 : 3 :

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basic tax. In such circumstances, I am of the view that it is for the petitioner to find out who are in possession of the property and which portion of the land is in possession of those persons. If any other persons are paying basic tax in respect of the properties mentioned in this writ petition, details of those persons and the extent of the property to which they are paying basic tax shall be furnished by the 3rd respondent-Village Officer on a request being made by the petitioner and also on payment of requisite fees for the same. This shall be done within a period of four months from the date of receipt of a copy of this judgment .

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE, Judge.

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dpk

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/True copy/ P.S. To Judge.

T.A. Salim v. State of Kerala

Case brief

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T.A. Salim v. State of Kerala

Case brief

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