Disposed

Biju Abraham v. the Village Officer

Kerala HC20 Dec 2018WP(C)/41560/2018

Case brief

AI extract

What is this about?

The Court held that the common judgment in W.P.(C).Nos.39728 & 39736 of 2018 applies. It ordered the respondent Village Officer to issue a fresh land tax receipt without the conditional endorsement regarding W.P.(C).No.40002/2016 immediately.

What did the court decide?

Directed the respondent to issue a fresh tax receipt without the conditional endorsement regarding W.P.(C).No.40002/2016.

Biju Abraham Vs the Village Officer — Property and Title | 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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THURSDAY, THE 20TH DAY OF DECEMBER 2018 / 29TH AGRAHAYANA, 1940

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WP(C).No. 41560 of 2018

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PETITIONER/S:

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BIJU ABRAHAM, AGED 43 YEARS S/O. ABRAHAM, P.J.PADALUMKAL, ALADY AYYAPPANCOIL, KARIMKULAM, CHAPPATH ,IDUKKI DISTRICT-685505.

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BY ADV. SRI.BIJU .C. ABRAHAM

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RESPONDENT/S:

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THE VILLAGE OFFICER UPPUTHARA VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT-685505.

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OTHER PRESENT:

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SRI.SAIGI JACOB PALATTY, SR. GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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J U D G M E N T

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The main prayer in the above Writ Petition

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(Civil) is as follows:

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“To issue a writ of mandamus or any other appropriate writ or order directing the respondent to remove the condition endorsed on Ext.P2 tax receipt and to issue fresh tax receipt to the petitioner within such time as this Hon'ble court may deem just and proper in the interest of justice.”

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2. Heard Sri.Biju C.Abraham, learned counsel

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for the petitioner and Sri.Saigi Jacob Palatty,

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learned Senior Government Pleader appearing for the

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respondent.

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WP(C).No.41560 of 2018

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3. The matter in issue is covered in favour of the petitioner as per common judgment dated

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6.12.2018 rendered by this Court in W.P. (C).Nos.39728 & 39736 of 2018, which reads as

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follows:

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'The main prayer in W.P.(C)No.39728/201 is as follows:

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“i) To issue a writ of mandamus or any other appropriate writ or order directing the respondent to remove the condition endorsed on Ext.P2 tax receipt and to issue fresh tax receipt to the petitioner within such time as this Hon'ble court may deem just and proper in the interest of justice.”

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2. The main prayer in W.P.(C)No.39736/2018 is as follows:

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3. Heard Sri.Biju.C. Abraham, the learned counsel appearing for the petitioners and Smt. A.C. Vidhya, the learned counsel appearing for the respondents.

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4. The petitioners in these two cases came to be the absolute owners in possession and W.P. (C)No.39728/2018 & 39736/2018 4 enjoyment of the property covered by Ext.P1 title deed. It appears that the properties have been mutated in favour of the respective petitioners and the land tax has also been accepted from them on previous occasions. However, for the year 2018-19, the respondent Village Officer has endorsed a condition in Ext.P2 land tax receipt that the same is on the basis of “provisional acceptance of basic tax subject to the decision of the High Court in W.P.(C)No.40002/2016”. It is not in dispute that this Court has already finally disposed of W.P.(C)No.40002/2016 and connected cases as per Ext.P3 common judgment on 7.1.2018, declaring that the impugned actions of the respondents therein are illegal and ultra vires and that if the respondent State authorities have a case that they have any

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WP(C).No.41560 of 2018

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claim for title in respect of the said properties of the petitioners, then it is for them to file a suit to establish their alleged title as already held by the Division Bench of this Court in similar case in M/s. Harrison Malayalam W.P.(C)No.39728/2018 & 39736/2018 5 Limited and another v. State of Kerala and others reported in 2018 (2) KLT 369. The land tax has also been directed to be accepted from the petitioners therein on the strength of the title deeds etc. The directions issued by this Court in Ext.P3 common judgment dated 7.11.2018 in W.P. (C)No.40002/2016 and connected cases are as follows:

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“In the result, the following directions are issued:- i)The orders and notices impugned in these writ petitions are set aside. ii)Since the petitioners have raised a valid claim to title, it is declared that proceedings under the Land Conservancy Act cannot be invoked and the State has to institute appropriate civil proceedings to establish its title in accordance with law. iii) Basic tax is to be accepted from the petitioners on the strength of the title deeds relied on by them subject to adjudication on title, if any initiated by the Government.”

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5. It is also not in dispute that the petitioners are not a party to any of the writ petitions covered by Ext.P3 common judgment including W.P.(C)No.40002/2016. Hence, it is the case of the petitioners that inspite of the issuance of Ext.P3 judgment finally disposing of W.P.(C)No.40002/2016 and connected cases in favour the petitioners therein, the respondent Village Officer is refusing to exclude the endorsement in Ext.P2 tax receipt etc. Accordingly, it is ordered that since W.P. (C)No.40002/2016, which is endorsed in Ext.P2 land tax receipt, has already been finally disposed of in favour of the petitioners therein as per Ext.P3 common judgment, it is ordered that the respondent Village Officer will accept the basic land tax from the petitioners without any conditions as shown in Ext.P2 land tax receipt and issue such receipt to the petitioners, immediately on production of a certified copy of this judgment.

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

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4. Accordingly, it is ordered that the directions and orders issued by this court in the said common judgment dated 6.12.2018 rendered by this Court in W.P.(C).Nos.39728 & 39736 of 2018

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WP(C).No.41560 of 2018

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will be applicable to this case as well. In view of the final disposal of W.P.(C).No.40002/2016 in favour of the petitioner therein, it is ordered that the petitioner may re-present the original of Ext.P-2 receipt before the respondent-Village Officer, upon which the said officer will issue fresh receipt without any endorsement therein and that the said receipt is issued subject to the decision in W.P.(C).No.40002/2018. Future land

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tax receipt to be issued for further period should also be issued without any such endorsement regarding the abovesaid Writ Petition as it has been disposed of in favour of the petitioners therein.

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With these observations and directions, the

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above Writ Petition (Civil) will stand finally disposed of.

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Sd/-

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ALEXANDER THOMAS,

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JUDGE.

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Bkn/-

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WP(C).No.41560 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, 1486/2010 DATED 31.3.2010 F PEERMADE SRO. EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 15.10.2018 ISSUED BY THE RESPONDENT. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 7.11.2018 PASSED BY THIS HON'BLE COURT IN WP(C)NO, 40002/2016 AND CONNECTED CASES.

Biju Abraham v. the Village Officer

Case brief

What is this about?

What did the court decide?

Biju Abraham v. the Village Officer

Case brief

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