Petitioner sought direction to remit property tax regarding a property she claimed via a gift deed, which was allegedly cancelled. The Court held that title disputes are for the Civil Court, not the writ jurisdiction.
No relief granted; writ petition dismissed as Court lacks jurisdiction to decide title disputes.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937
WP(C).No. 16995 of 2007 (W)
PETITIONER(S) :
JAYASREE HARIHARAN, 'SREE LAKSHMI', TEMPLE ROAD, KOTTAYAM, NOW RESIDING AT PLAMOOTTIL HOUSE, C.N.I.HILLS, KOTTAYAM.
BY ADV. SRI.M.P.MADHAVANKUTTY
RESPONDENT(S) :
1. VILLAGE OFFICER, OMALLOOR VILLAGE OFFICE, AATTARIKAM P.O., PATHANAMTHITTA.
2. SUB DIVISIONAL OFFICER, ADOOR, PATHANAMTHITTA.
3. P.K.OMANAMMA, 'SREE LAKSHMI' TEMPLE ROAD, KOTTAYAM, NOW RESIDING AT PONNIVIZHUATHU HOUSE, ATTARIKOM P.O., OMALLOOR, PATHANAMTHITTA.
R1 & R2 BY GOVERNMENT PLEADER SRI.P.M.JOSEPH ADDL.R3 BY ADV. SRI.B.KRISHNA MANI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 16995 of 2007 (W)
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P3: TRUE COPY OF POSSESSION CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 30.12.2005.
EXHIBIT P4: TRUE COPY OF TAX RECEIPT ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT DATED 30.12.2005.
EXHIBIT P5: TRUE COPY OF PETITION PREFERRED BY PETITIONER BEFORE THE 2ND RESPONDENT DATED 31.01.2007.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
**A.M.SHAFFIQUE, J * * * * * * * * * * * *** W.P.C.No.16995 of 2007
Dated this the 18th day of November 2015
J U D G M E N T
Petitioner has approached this Court seeking for a direction to the 1st respondent to permit the petitioner to remit property tax with reference to the property situated in Re-survey No.199/5-3 of Omalloor Village in Kozhencherry Taluk. According to the petitioner, by virtue of Ext.P1 gift deed, the property came in possession of the petitioner. However, when attempts were made to pay tax on the basis of Ext.P1, the Village Officer had informed the petitioner that the said gift deed had been cancelled by virtue of Cancellation Deed No.3302/05. Learned counsel for the petitioner submits that Ext.P1 gift deed is valid and cannot be annulled or cancelled by the donor as it has already taken effect and the petitioner is in possession of the property.
W.P.C.No.16995/2007
2
Court will be justified in considering the question regarding title to
property in a writ petition.
The writ petition is hence dismissed.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
1 issue framed by the court
Whether the High Court can adjudicate upon the validity of a gift deed and title to property in a writ petition challenging the refusal to remit property tax.
Jayasree Hariharan
Village Officer, Omalloor Village Office
Sub Divisional Officer, Adoor
P.K. Omanamma
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
