Disposed

Rukkammal v. the Village Officer

Kerala HC9 Jun 2014WP(C)/4165/2013

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought issuance of a possession certificate and acceptance of basic tax. The Court disposed of the petition directing the Revenue Divisional Officer to consider specific pending land title proceedings within two months before further tax payments or issuance of possession. No relief was granted immediately pending the title issue.

What did the court decide?

Directed additional fourth respondent to consider T.L.A. No.1960/87 and pass appropriate orders within two months. No other relief granted.

Rukkammal Vs the Village Officer — Land Acquisition | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶4

MONDAY, THE 9TH DAY OF JUNE 2014/19TH JYAISHTA, 1936

¶5

WP(C).No. 4165 of 2013 (U)

¶6

PETITIONER:

¶7

RUKKAMMAL @ RUKMINI, AGED 65 YEARS W/O. RANGASWAMY GOUNDER, AGALI P.O., MANNARGHAT TALUK PALAKKAD.

¶8

BY ADV. SRI. U. BALAGANGADHARAN

¶9

RESPONDENTS:

¶10

1. THE VILLAGE OFFICER, KOTTATHARA VILLAGE, AGALI, ATTAPADI PALAKKAD - 678 581.

¶11

2. THE ADDITIONAL TAHSILDAR, MANARGHAT, PALAKKAD - 678 582.

¶12

3. THE SUB REGISTRAR, AGALI, ATTAPADI, PALAKKAD - 678 581.

¶13

ADDL.4. REVENUE DIVISIONAL OFFICER, OTTAPALAM-679 101.

¶14

(ADDL. R4 IMPLEADED AS PER ORDER IN I.A. NO.7195 OF 2014 DATED 09.06.2014)

¶15

BY SENIOR GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C).No. 4165 of 2013 (U)

¶18

APPENDIX

¶19

PETITIONER'S EXHIBITS:-

¶20

EXHIBIT P1COPY OF THE DOCUMENT NO.1498/75 DATED 27.03.1975. EXHIBIT P2 - COPY OF THE DOCUMENT NO.1497/75 DATED 27.03.1975. EXHIBIT P3 - COPY OF THE PURCHASE CERTIFICATE DATED 28.05.1974. EXHIBIT P4 - COPY OF THE BASIC TAX RECEIPT ISSUED BY THE FIRST RESPONDENT DATED 30.04.2007.

¶21

EXHIBIT P5 - COPY OF THE LETTER OF THE THIRD RESPONDENT DATED 29.01.2013.

¶22

EXHIBIT P6 - COPY OF THE APPLICATION FOR POSSESSION CERTIFICATE DATED 02.01.2013.

¶23

EXHIBIT P7 - COPY OF THE LETTER DATED 29.01.2013. EXHIBIT P8 - COPY OF THE ORDER H1/2584/13 DATED 28.03.2014 ISSUED BY 2ND RESPONDENT.

¶24

RESPONDENTS' EXHIBITS :- NIL

//True copy//

P.A. To Judge.

A.M.Shaffique, J.

¶29

====================================

¶30

W.P.(C)No.4165 of 2013

¶31

====================================

¶32

Dated this the 9^th day of June, 2014.

¶33

JUDGMENT

¶34

1.Petitioner has approached this Court inter alia seeking a direction

¶35

to the first respondent to accept the basic tax and issue possession certificate in respect of the properties of the petitioner

¶36

covered by Exts.P1 and P2 documents.

¶37

2.During the pendency of this case, the Revenue Divisional

¶38

Officer has issued Ext.P8 order dated 28.3.2014 inter alia stating that a case is pending before the Revenue Divisional Officer as T.L.A.No.1960/87 in respect of 4.40 acres of land. The issue involved was whether the said land could be assigned in favour of the petitioner. It is observed that, on account of the Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999 (Kerala) coming into force, the question that is to be looked into is whether the petitioner in that

¶39

W.P.(C)No.4165 of 2013 -:2:-

¶40

case will be entitled for any benefits and therefore fresh consideration of the above TLA case is required.

¶41

3.Apparently, when such an issue is pending consideration, the additional fourth respondent has to consider the T.L.A.No.1960/87 and pass appropriate orders. After disposal of the same, it will be open for the petitioner to approach the revenue authorities for payment of tax.

¶42

Under these circumstances, this writ petition is disposed of directing the additional fourth respondent to consider and pass appropriate orders with reference to T.L.A.No.1960/87, within a

¶43

period of two months from the date of receipt of a copy of this judgment.

¶44

A.M.Shaffique, Judge.

¶45

sl.

Rukkammal v. the Village Officer

Case brief

What is this about?

What did the court decide?

Rukkammal v. the Village Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

A. Ansari Vs District Collector

Ali Muhammed Vs the District Geologist

Mohammed Ansar Vs the District Collector

P.M.Chackochan Vs E.K.Bharath Bhushan

P.Narayanan Vs State of Kerala

Aswin Vs District Collector