Allowed

Prabhakaran Pillai V.V. v. State of Kerala

Kerala HC18 Oct 2016WP(C)/28621/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed this writ petition, directing the village officer to accept land tax and issue possession certificates to the petitioners for the acquired properties, subject to proceedings under the Kerala Land Reforms Act, following a similar order in a connected writ petition.

What did the court decide?

Directed the third respondent to accept land tax and issue possession certificates for the properties involved, subject to proceedings under the Kerala Land Reforms Act.

Prabhakaran Pillai V.V. Vs State of Kerala — Property and Title | Kerala HC (2016)

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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 SHAJI P.CHALY

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TUESDAY, THE 18TH DAY OF OCTOBER 2016/26TH ASWINA, 1938

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WP(C).No. 28621 of 2016 (C)

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PETITIONERS:

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1. PRABHAKARAN PILLAI V.V.

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AGED 66 YEARS, S/O. VELU PILLAI, VELLATTIL HOUSE, PERUMBAIKKADU P.O., KOTTAYAM DISTRICT-686 016.

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2. RAJAN G.

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VATTAKKATT HOUSE, PONKUNNAM P.O.,

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KOTTAYAM DISTRICT-686 506.

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3. JONES JOHN

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KALAYIL CHAITHANYA HOUSE, THIRUVALLA R.S. P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT-689 111.

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BY ADVS.SRI.M.P.MADHAVANKUTTY SRI.GOKUL DAS V.V.H.

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RESPONDENTS:

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

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2. TAHASILDAR

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TALUK OFFICE,

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PEERUMED, PIN-685 531.

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3. VILLAGE OFFICER

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VAGAMON, PIN-685 503.

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BY GOVERNMENT PLEADER SRI. RAVI KRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 28621 of 2016 (C)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 COPY OF SALE DEED DATED 30.5.2006 BEARING NO.1578 OF 2006 OF THE SUB-REGISTRAR'S OFFICE, PEERUMEDU.

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EXHIBIT P2 COPY OF SALE DEED DATED 30.5.2006 BEARING NO.1577 OF 2006 OF SUB-REGISTRAR'S OFFICE, PEERUMEDU.

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EXHIBIT P3 COPY OF SALE DEED DATED 30.5.2006 BEARING NO.1579 OF THE SUB-REGISTRAR'S OFFICE, VAGAMON.

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EXHIBIT P4 COPY OF SALE DEED DATED 27.12.2006 BEARING NO.17/2007 OF THE SUB-REGISTRAR'S OFFICE, PEERUMEDU.

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EXHIBIT P5 COPY OF TAX RECEIPT ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT TO THE 1ST PETITIONER FOR THE YEAR 2008-2009 DATED 16.5.2008.

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EXHIBIT P6 COPY OF TAX RECEIPT ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT TO THE 2ND PETITIONER FOR THE PERIOD 20082009 DATED 16.5.2008.

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EXHIBIT P7 COPY OF TAX RECEIPT ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT TO THE 3RD PETITIONER FOR THE PERIOD 20082009 DATED 16.5.2008.

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EXHIBIT P8 COPY OF TAX RECEIPT ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT TO THE PETITIONERS FOR THE PERIOD 2008-2009 DATED 16.5.2008.

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EXHIBIT P9 COPY OF TAX RECEIPT ISSUED TO THE 1ST PETITIONER FOR THE PERIOD 2011-2012 DATED 20.12.2011.

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EXHIBIT P10 COPY OF TAX RECEIPT ISSUED TO THE 2ND PETITIONER FOR THE PERIOD 2011-2012 DATED 20.12.2011.

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EXHIBIT P11 COPY OF TAX RECEIPT ISSUED TO THE 3RD PETITIONER FOR THE PERIOD 2011-2012 DATED 20.12.2011.

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EXHIBIT P12 COPY OF TAX RECEIPT ISSUED TO THE PETITIONERS FOR THE PERIOD 2011-2012 DATED 20.12.2011.

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EXHIBIT P13 COPY OF CERTIFICATE DATED 13.9.2007 BEARING NO.C3-10351/07 FROM THE OFFICE OF THE 2ND RESPONDENT.

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EXHIBIT P14 COPY OF REPRESENTATION SUBMITTED BY THE FIRST PETITIONER DATED 28.1.2016 BEFORE THE 3RD RESPONDENT.

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WP(C).No. 28621 of 2016 (C)

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EXHIBIT P15 COPY OF REPLY DATED 29.7.2016 FROM THE OFFICE OF THE 3RD RESPONDENT TO THE 2ND PETITIONER.

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EXHIBIT P16 COPY OF THE JUDGMENT DATED 24.6.2016 IN WPC NO.21515/16 BEFORE THIS HON'BLE COURT.

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RESPONDENT(S)' EXHIBITS:- NIL

/TRUE COPY/

P.A. TO JUDGE.

DCS

SHAJI P. CHALY, J.

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W.P.(C). NO. 28621 OF 2016

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Dated this the 18^th day of October, 2016

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JUDGMENT

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This writ petition is filed by the petitioners seeking the

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following reliefs:-

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i) To issue a writ of mandamus directing the 3^rd respondent to accept land tax for the properties covered by Exhibits-P1 to P4 for the periods after 2011-2012 till now;

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ii) To issue a writ of mandamus directing the 3^rd respondent to issue Possession Certificates to the property covered by Exhibits-P1 to P4 sale deeds;

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iii) To issue such other writ, order or direction, this Hon'ble Court deems fit and proper to grant in the facts and circumstances of the case.

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According to the petitioners, after the purchase of properties, mutation was effected and tax was paid upto 2012. Thereafter, the tax was not accepted. It is in this background seeking appropriate direction, this writ petition is filed.

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W.P.(C). NO. 28621 OF 2016 2

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From the tax receipts produced by the petitioners, it is evident that tax was accepted upto the year 2011-2012. A similar matter was considered by this Court and has rendered Ext. P16 judgment in W.P.(C). No. 21515/2016 dated 24.06.2016, whereby the competent authority was directed to accept tax and issue the possession certificate.

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Therefore, taking note of the directions contained thereunder, I am also inclined to pass an order directing the third respondent to accept the tax from the petitioners and issue possession certificates, in accordance with law, subject to the proceedings, if any, under the Kerala Land Reforms Act.

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Writ petition is disposed of accordingly.

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SHAJI P. CHALY JUDGE

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DCS

Prabhakaran Pillai V.V. v. State of Kerala

Case brief

What is this about?

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Prabhakaran Pillai V.V. v. State of Kerala

Case brief

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