Disposed

Antony @ Antony Burnad v. State of Kerala

Kerala HC9 Nov 2016WP(C)/3155/2016

Case brief

AI extract

What is this about?

Petitioners, patta holders in Nelliyampathy Village, sought to quash an order declining their application for a possession certificate. The High Court directed the fourth respondent to reconsider the applications and issue the certificate if no legal impediments exist.

What did the court decide?

Direction to the fourth respondent to reconsider the applications for possession certificate and issue it within three weeks if no legal impediments exist.

Antony @ Antony Burnad Vs State of Kerala — Kerala HC (2016) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

WEDNESDAY, THE 9TH DAY OF NOVEMBER 2016/18TH KARTHIKA, 1938

¶5

WP(C).No. 3155 of 2016 (T)

¶6

PETITIONER(S) :

¶7

ANTONY @ ANTONY BURNAD, AGED 68 YEARS, S/O.BURNAD, V/61, THYPARAMBAIL HOUSE, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶8

2. VIJAYAN.K.V., AGED 60 YEARS, S/O. KRISHNA PRASAD, HOUSE NO.V/99, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶9

SRUESH, AGED 51 YEARS, S/O.KUNJUMANI, HOUSE NO.V/2897, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶10

ELPHATINA MENDEZ, AGED 63 YEARS, W/O.NELSON MENDEZ, ROBINS QUARTERS, HOUSE NO.V/92-95, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶11

DUGLAS, AGED 40 YEARS, S/O.NELSON MENDEZ, ROBINS QUARTERS, HOUSE NO.V/283,284, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶12

HUMSA, AGED 49 YEARS, S/O. SAIDU MUHAMMAD, HOUSE NO.V/88, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶13

THANKA, AGED 75 YEARS, W/O.APPU, HOUSE NO.V/87, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶14

ANTTAPPAN T.T., AGED 62 YEARS, S/O.THAMBI MASTHIRI, THYPARAMBIL HOUSE, HOUSE NO.V/276, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶15

MURALI, AGED 42 YEARS, S/O.PARASURAMAN, HOUSE NO.V/81, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶16

RUKKIYA, AGED 60 YEARS, W/O.K.MUHAMMAD, HOUSE NO.V/90, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶17

..2/-

¶18

..2..

¶19

WP(C).No. 3155 of 2016 (T)

¶20

SEBASTIAN, AGED 62 YEARS, S/O.C.V.JOSEPH, HOUSE NO.V/290, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶21

VERONIKA, AGED 82 YEARS, W/O.P.T.JACOB, HOUSE NO.V/57, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶22

SEBASTIAN, AGED 63 YEARS, S/O.J.J.LAZER & MARY LAZER, HOUSE NO.1/77, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶23

SHIVADASAN, AGED 66 YEARS, S/O.P.V.NANU, KAIKATTY, HOUSE NO. 1/42-47, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶24

MAYANDI.K., AGED 57 YEARS, HOUSE NO. V/69, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶25

RUKKIYA, AGED 60 YEARS, W/O.K.MUHAMMAD, DREAM HOME, HOUSE NO. V/77, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶26

PERUMAL CHETTIYAR BALAKRISHNAN, AGED 52 YEARS, HOUSE NO.64-66, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶27

BANEETA JAMES, AGED 55 YEARS, W/O.JAMES, HOUSE NO.V/70, BLUE MOUNT RESORT, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶28

THOMAS MATHEW, AGED 50 YEARS, S/O.MATHEW, HOUSE NO.V/72, BLUE MOUNT RESORT, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶29

ABDULSALEEM, AGED 48 YEARS, ORANGE VALLY, HOUSE NO.V/74-76, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶30

SANTHOSH KUMAR, AGED 50 YEARS, S/O.DHARMAN, S.N.HOME, HOUSE NO.V/80, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶31

RABIYAS, AGED 53 YEARS, S/O.K.V.VARGHESE, HOUSE NO.V/314, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶32

..3/-

¶33

..3..

¶34

WP(C).No. 3155 of 2016 (T)

¶35

23. GOPALAKRISHNAN, AGED 54 YEARS S/O.KRISHNANKUTTY MENON, HOUSE NO.V/276, PULLAYANPARA, NELLIYAMPATHY P.O., PALLAKKAD, PIN 678 511.

¶36

BY ADV. SMT.P.SREESHA

¶37

RESPONDENT(S) :

¶38

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

¶39

2. THE DISTRICT COLLECTOR, PALAKKAD 678 001.

¶40

3. THE TAHSILDAR, CHITTUR TALUK, PALAKKAD DISTRICT- 678 101.

¶41

4. THE VILLAGE OFFICER, NELLIYAMPATHY, PALAKKAD DISTRICT- 678 511.

¶42

5. THE DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD DISTRICT.

¶43

BY SPL.GOVERNMENT PLEADER SRI. K.SANDESH RAJA (FOREST)

¶44

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶45

Msd.

¶46

WP(C).No. 3155 of 2016 (T)

¶47

APPENDIX

¶48

PETITIONER(S)' EXHIBITS :

¶49

P1: A TRUE COPY OF THE PATTA ISSUED TO 1ST PETITIONER DATED 25.02.1986

¶50

P1(A): A TRUE COPY OF THE PATTA ISSUED TO KRISHNA PRASAD DATED 22.08.1986.

¶51

P2: A TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER TO THE 1ST PETITIONER DATED 20.01.2016

¶52

P2(A): A TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER TO THE 5TH PETITIONER DATED 20.01.2016.

¶53

P2(B): A TRUE COPY OF THE TAX RECEIPT ISSUED TO 2ND PETITIONER DATED 14.03.2007.

¶54

P2(C): A TRUE COPY OF THE TAX RECEIPT ISSUED TO 4TH PETITIONER DATED 30.06.2008.

¶55

P2(D): A TRUE COPY OF THE TAX RECEIPT ISSUED TO P.T. JACOB DATED 15.06.2007.

¶56

P3: A TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY THE NELLIYAMPATHY GRAMA PANCHAYTH TO THE 1ST PETITIONER DATED 13.03.2013.

¶57

P3(A): A TRUE COPY OF THE BUILDING TAX RECEIPTS DATED 18.02.2015 ISSUED BY THE NELLIYAMPATHY GRAMA PANCHAYATH TO 10TH PETITIONER.

¶58

P3(B): A TRUE COPY OF THE BUILDING TAX RECEIPT DATED 19.01.2011 ISSUED BY THE TAHSILDAR CHITTOOR TO 5TH PETITIONER.

¶59

P4: A TRUE COPY OF THE COMMUNICATION ISSUED BY THE DIRECTOR OF AGRICULTURE TO THE SPECIAL SECRETARY TO GOVERNMENT AGRICULTURE (FARMS DEPARTMENT) DATED 09.12.1980.

¶60

P5: A TRUE COPY OF THE COMMUNICATION ISSUED BY THE DISTRICT COLLECTOR PALAKKAD TO THE TAHSILDAR CHITTOOR DATED 30.03.2010 ALONG WITH TYPED COPY.

¶61

P6: A TRUE COPY OF THE COMMUNICATION ISSUED BY THE RANGE OFFICER NELLIYAMPATHY TO THE VILLAGE OFFICER NELLIYAMPATHY DATED 14.12.2012

¶62

P7: A TRUE COPY OF THE INFORMATION ISSUED TO THE 1ST PETITIONER BY THE VILLAGE OFFICER NELLIYAMPATHY DATED 05.07.2014 UNDER THE RIGHT TO INFORMATION ACT.

¶63

WP(C).No. 3155 of 2016 (T)

¶64

P8: A TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE TAHSILDAR CHITTOR DATED 30.11.2015.

¶65

P9: A TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE DISTRICT COLLECTOR PALAKKAD 01.11.2015.

¶66

P10: A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C).NO. 27675/2014 DATED 12.11.2014.

¶67

P11: A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE LAY AND NATURE OF THE PROPERTIES OF THE PETITIONERS.

¶68

P12(A): A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO ANTONY BERNAD DATED 23.08.2016.

¶69

P12(B): A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO SHIVADASAN DATED 23.08.2016.

¶70

P12(C): A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO VERONICA DATED 23.08.2016.

¶71

P12(D): A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO MAYANDI.K DATED 23.08.2016.

¶72

P12(E): A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO HUMSA DATED 23.08.2016.

¶73

P12(F): A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO SEBASTIAN JOSEPH DATED 23.08.2016.

¶74

P12(G): A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO SURESH DATED 23.08.2016.

¶75

P12(H): A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO ANTTAPPAN T.T. DATED 23.08.2016.

¶76

P12(I): A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO P.MURALI DATED 23.08.2016.

¶77

RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

SHAJI P. CHALY, J.

¶83

W.P.(C). NO. 3155 OF 2016

¶84

Dated this the 09^th day of November, 2016

¶85

JUDGMENT

¶86

Petitioners are patta holders or their assignees in Nelliyampathy Village, Palakkad District. According to the petitioners 26 families are residing in the patta land for more than fifty years. It is also stated that tax under the Kerala Land Tax Act, 1961 is being accepted by the statutory authority. However, when petitioners applied for possession certificate, the same was declined as per Ext.P5 order. It is in this background seeking to quash Ext.P5 and for other related reliefs, this writ petition is filed.

¶87

Heard learned counsel for the petitioners, learned Special Government Pleader and perused the documents on record and the pleadings put forth by the petitioners.

¶88

The issue with respect to issuance of a possession certificate is considered by this Court in ' Joy Kutty

¶89

Thomas v. Village Officer, Pattazhy South and Others'

¶90

[2009 (3) KHC 400] and held that once the title holders are

¶91

W.P.(C). NO. 3155 OF 2016

¶92

¶93

in possession of the properties, the land tax is to be accepted, and possession certificate is to be issued, accordingly. I am in respectful agreement with the judgment rendered by this Court, in that regard.

¶94

Therefore, there will be a direction to the fourth respondent to reconsider the applications submitted by the petitioners for possession certificate and if there are no other legal impediments, follow the directions issued by this Court in the judgment referred above and take a decision, within a period of three weeks from the date of receipt of a copy of this judgment and issue possession certificate to the petitioners, which will be subject to any alterations made in

¶95

any future course of action. The interim order granted by this Court in respect of acceptance of basic tax will also be continued.

¶96

Writ petition is disposed of accordingly.

¶97

SHAJI P. CHALY JUDGE

¶98

DCS

Antony @ Antony Burnad v. State of Kerala

Case brief

What is this about?

What did the court decide?

Antony @ Antony Burnad v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Yohannan.K. Vs the State of Kerala

Vinod Venkidachalam Vs State of Kerala

Mohammed Hussain Vs the Managing Authority, Kerala Water Authority

M/S.Chalayyam Travels and Transports Vs Government of India

T.I.Alikunju Vs State of Kerala

Ajayan.M Vs State of Kerala