Disposed

Sabeer v. District Collector

Kerala HC9 Nov 2018WP(C)/30930/2018

Case brief

AI extract

What is this about?

The petitioner, owning land from a land assignment patta, could not pay basic land tax because no Thandaper register existed in his or his predecessors' names. The High Court directed the District Collector to open a new Thandaper account and accept tax after hearing both parties.

What did the court decide?

The 1st Respondent (District Collector) was directed to take action regarding the opening of a new Thandaper account for the petitioner and decide on the acceptance of land tax after hearing the parti

Sabeer Vs District Collector — Municipal and Town Planning | Kerala HC (2018)

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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 ALEXANDER THOMAS

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FRIDAY ,THE 09TH DAY OF NOVEMBER 2018 / 18TH KARTHIKA, 1940

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WP(C).No. 30930 of 2018

PETITIONER:

SABEER

AGED 30 YEARS

S/O.ALAVIKUTTY, CHENGANASSERY HOUSE, VALAKKULAM P.O, MALAPPURAM DISTRICT.

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BY ADV. SRI.V.M.KRISHNAKUMAR

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RESPONDENTS:

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1 DISTRICT COLLECTOR

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MALAPPURAM, PIN. 676 505.

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2 TAHSILDAR TIRUR TALUK, MALAPPURAM, PIN -676 101.

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3 VILLAGE OFFICER VALAVANNUR VILLAGE, MALAPPURAM, PIN 676 551.

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BY ADV. SRI.MOHAMMED ANZAR K.J., SPL.G.P. FOR REVENUE

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SRI.M.R.DHANIL,GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 30930 of 2018

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JUDGMENT

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The prayers in the above Writ Petition (Civil) are as

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follows:-

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“i. Issue a writ in the nature of mandamus commanding the respondents to accept basic tax for the property covered by Ext.P1 from the petitioner and if necessary create Thandaper account in the name of the petitioner in the village office Valavannur, within such time as may be fixed by this Hon'ble Court.

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ii. Issue such other orders, writs or directions as are deemed fir by this Hon'ble Court.

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iii.award cost of this proceedings to the petitioners.”

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2.Heard Smt.P.R.Reena, Learned counsel appearing for the petitioner. Sri.M.R.Dhanil, learned Government pleader appearing for respondents.

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3. According to the petitioner, he is in ownership and possession of 6.1740 Ares of land in Sy.No.120/4 of Valavannur Village, Thirur Taluk Malappuram revenue district which he had purchased as per Ext.P1 registered sale deed No.474/2015 dated 17.02.2015. The said property

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was purchased by the petitioner from

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Subaida, Nazeema and Kunjamina which in turn they had obtained as legal heirs of one Mohammed, Parambat House,

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WP(C).No. 30930 of 2018

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Valavannur.P.O, Valvannur a well as the said Kunajamina, the wife of Mohammed as per registered sale deed No.2579/1984 as well as release deed No.1031/2005 of SRO, Kalpakanchery. It is further stated that, the said property was obtained by the predecessor-in-interest of Subaida, Nazeema and Kunjamina, viz, the above said Sri.Mohammed from one Chomayil Mohammedkutty. That Chomayil Mohammedkutty in turn had obtained the said property along with the certain other properties as per land assignment patta No.B2/170 dated 7.10.1961.

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4. Basic land tax receipt was accepted by the petitioner as per Ext.P2 dated 24.05.2017. Later, village office, Valavannur was digitalized, the basic land tax of the property was not received from the petitioner from June 2018 onwards. In these circumstances, petitioner had submitted Ext.P5 application dated 11.06.2018 before the 2^nd respondent, Tahsildar.

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5. That the petitioner was told that though the property was assigned in favour of Chomayil Mohammedkutty as per assignment order No.170 dated 7.10.1961 by the Tahsildar, Thirur, since there is no Thandaper register in the name of Mohammedkutty or the subsequent owners,

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WP(C).No. 30930 of 2018

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viz, Mohammed, Subaid, Nazeema and Kunjamina, the petitioner cannot pay the basic tax in respect of the said property. That, in response to the Ext.P5 application dated 11.06.2018 filed by the petitioner before the 2^nd respondent, Tahsildar, the said copies had forwarded Ext.P6 letter dated 31.08.2018 seeking clarification from the District Collector, whether land tax could be received after opening a new Thandaper account in the name of the petitioner and other assignees. Petitioner had produced Ext.P8, copy of the assignment register maintained by the Taluk Office, Thirur. That in Ext.P8 register showing the details of the land assigned, the first serial number shown therein is in respect of the 82 cents assigned to the above said Chomayil Muhammedkutty as per assignment No.170 dated 7.10.1961. It is in the light of petition would accordingly contend that there are no justified reasons not to accept the basic tax from the petitioner for the property covered by Ext.P1 after opening a thandaper account in the name of the petitioner in Valavannur Village. It is in the light of these factual aspects the petitioner has filed the instant writ petition with the

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WP(C).No. 30930 of 2018

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aforementioned prayers:-

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6. Take note of the above said facts and

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circumstances of the case, it is ordered that the 1^st respondent District Collector, will take necessary action in respect of the matters covered by Ext.P5 application dated 11.06.2018 and Ext.P6 letter dated 31.08.2018 issued by the 2^nd respondent, Tahsildar addressed to the 1^st respondent, District Collector and should decide as to the acceptance of land tax from the petitioner after opening a new thandaper account in the name of the petitioner and other assignees and taking due note of Ext.P8 register. 1^st respondent will also call for a report from 2^nd the respondent in the matter and will furnish a copy of the said report to the petitioner. Thereafter the 1^st respondent will decide the matter, after granting reasonable opportunity of being heard to the petitioner on the matters covered by Ext.P5 and P6 and to render a decision in respect of the matter regarding opening of a new Thandaper account in the name of petitioner and other assignees, as pointed out in Ext.P6 and also taking due note of Ext.P8 register. Decision in this regard should be rendered by the 1^st

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WP(C).No. 30930 of 2018

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respondent, within two months from the date of receipt of a copy of this judgment. The petitioner should produce a certified copy of this judgment before respondents 1 and

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2, for necessary information and further action.

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With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

Sd/-

ALEXANDER THOMAS

SAS/9.11.2018

JUDGE

WP(C).No. 30930 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.474/2015 DATED 17/02/2015 EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 24.05.2017 EXHIBIT P3 TRUE COPY OF THE REGISTERED SALE DEED NO.1031/2005 DATED 22.03.2005 EXHIBIT P4 TRUE COPY OF THE REGISTERED SALE DEED NO.2579/84 DATED 29.11.1984 EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 11.06.2018 EXHIBIT P6 TRUE COPY OF LETTER DATED 31.08.2018 OBTAINED BY THE PETITIONER ALONG WITH A COVERING LETTER DATED 31.08.2018 FROM THE TAHSILDAR TIRUR EXHIBIT P7 TRUE COPY OF THE CERTIFICATE DATED 15.01.2009 ISSUED BY THE TAHSILDAR EXHIBIT P8 TRUE COPY OF ASSIGNMENT REGISTER MAINTAINED BY THE TALUK OFFICE, TIRUR ALONG WITH COVERING LETTER DATED 24.01.2015

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RESPONDENTS' EXHIBITS:

Sabeer v. District Collector

Case brief

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Sabeer v. District Collector

Case brief

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