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N.Peethambaran, Vs State of Kerala — Service and Employment | Kerala HC (2019)

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Kerala HC
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N.Peethambaran, Vs State of KeralaN.Peethambaran, v. State of Kerala

Allowed

N.Peethambaran, v. State of Kerala

Kerala HC4 Feb 2019WP(C)/3171/2019

Case brief

AI extract

What is this about?

The Supreme will dismiss this reference to the judgment.

What did the court decide?

Directed the 3rd respondent-Village Officer to accept basic land tax immediately and issue receipts.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940

WP(C).No. 3171 of 2019

PETITIONER:

N.PEETHAMBARAN, AGED 87 YEARS

S/O.NEELAKANDAN, THUNDUVILAKAM VEETTIL, KADAKAMPALLY VILLAGE, ANAYARA P.O., THIRUVANANTHAPURAM.

BY ADV. SRI.G.S.REGHUNATH

RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

2 TALUK TAHSILDAR, TALUK OFFICE, THIRUVANANTHAPURAM-695001.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Village Officer is directed to accept basic land tax from the petitioner for the mutated property.

Cases cited

Colour shows how this judgement treated each authority

AI extract

W.P(C)No.5496/2018Referred¶35
W.P(C)No.5496/2018

Parties & counsel

AI extract

petitioner
N.PEETHAMBARAN
respondent
STATE OF KERALA
respondent
TALUK TAHSILDAR
respondent
VILLAGE OFFICER

Coram

AI extract

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 4 Feb 2019 · February
Registered: 1 Feb 2019
Case no.: WP(C)/3171/2019

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Cite this judgement

N.Peethambaran, v. State of Kerala, WP(C)/3171/2019 (KL), decided on 4 February 2019.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

W.P(C)No.5496/2018Referred¶35

Open Authorities

Bench / Coram

ALEXANDER THOMAS

Parties & counsel

Outcome

Directed the 3rd respondent-Village Officer to accept basic land tax immediately and issue receipts.

Issue for consideration

Whether the Village Officer is directed to accept basic land tax from the petitioner for the mutated property.

Detailed headnote1 paragraphs

The Village Officer was directed to immediately accept basic land tax from the petitioner regarding subject property covered by the Pattas and previous receipts, as well as arrear periods, and to issue land tax receipts forthwith.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

3 VILLAGE OFFICER, KADAKAMPALLI VILLAGE, THIRUVANANTHAPURAM-695029.

SMT.PRIYA SHANAVAS, GOVT.PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C)No.3171 of 2019

2

ALEXANDER THOMAS, J.

=========================== W.P(C)No.3171 of 2019

=========================== Dated this the 4^th day of February, 2019

JUDGMENT

The petitioner is aggrieved by the refusal on the part of the 3^rd respondent-Village Officer to accept basic land tax in respect of the property of the petitioner covered by Ext.P-1 patta, even though the said property has been duly mutated in his name and land tax was also accepted from him on previous occasions, as per Ext.P-3, etc.

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

follows:

“(i) That a writ of mandamus or other order be passed directing the respondents 2 and 3 to receive basic tax for the property of the petitioner detailed in Exhibits-P1 and P3;

(ii) That the 2^nd respondent be directed to give appropriate direction to 3^rd respondent to receive basic tax from the petitioner for the property detailed in Exhibit-P1;

(iii) That the respondents 1 and 2 be directed to consider Exhibit-P5 and pass orders on the same within a time to be fixed by this Hon'ble Court;

and

(iv) That the petitioner be granted such further reliefs as are appropriate and incidental to this Writ Petition.

Heard Sri.G.S.Raghunath, learned counsel

appearing for the petitioner and Smt.Priya Shanavas, learned

W.P(C)No.3171 of 2019

3

Government Pleader appearing for the respondents.

The petitioner is the absolute owner in possession of 5 cents of property in survey No.994/1 of Kadakampalli Village, Thiruvananthapuram Taluk, Thiruvananthapuram Revenue District, as per Ext.P-1 patta dated 29.06.1989 issued under the provisions of the Kerala Land Assignment Rules, 1964. Thereafter, the property has been duly mutated in the name of the petitioner and land tax has also been accepted from him, in respect of the said property, as evident from Ext.P-3 basic land tax receipt dated 13.10.2014 issued till 2014-15. Ext.P-2 is the sketch of the property issued by the 3^rd respondent-Village Officer and Ext.P-4 is the Possession Certificate dated 05.02.2017 in respect of the said property issued by the 3^rd respondent-Village Officer. Now the 3^rd respondent has refused to accept basic land tax from the petitioner in respect of the said property, covered by Exts.P-1 to P-4. When the petitioner had made attempt to know the reasons for the refusal, it has been conveyed as per Ext.P-5 letter dated 26.12.2018 issued by the 3^rd respondent-Village Officer under the RTI proceedings that the basic land tax has been accepted from nearby land owners pursuant to judgment dated

W.P(C)No.3171 of 2019

4

02.04.2018 issued by this Court in W.P(C)No.5496/2018, etc. The petitioner’s counsel has made available a copy of the judgment dated 02.04.2018 rendered by this Court in W.P(C)No.5496/2018, which is in respect of a land owner, who was in possession of 5 cents of property covered by pattayam (Ext.P-1 therein dated 29.06.1969 issued in the name of M.Ramesan, the petitioner's father therein) as well as Ext.P-2 release deed in the name of the petitioner therein. This Court had directed in that case that the respondent-Village Officer shall accept basic land tax from the petitioner therein, unless there are serious legal impediments in that regard. It is now admitted in Ext.P-5 letter dated 26.12.2018 issued by none other than the 3^rd respondent-Village Officer that land tax has also been accepted from the said neighbouring plot owner, who seems to be almost identically stipulated as the prior title deed of the said property also is on the basis of a pattayam dated 29.06.1969 and survey number of the said property is shown in Ext.P-5 as Survey No.994. The survey number of the petitioner’s property is 994 and the sub division is one.

It is indisputable that the property has already been mutated in the name of the petitioner and land tax has also

W.P(C)No.3171 of 2019

5

been accepted till 2014-15, as per Ext.P-3. Exts.P-2 & P-4 are the plan and the Possession Certificate issued by none other than the 3^rd respondent-Village Officer, in respect of the same property. Since the property has already been mutated in his name, land tax has also been accepted from him. The petitioner is certainly the registered “land holder” as understood in Sec.3(3)(d) of the Kerala Land Tax Act. The respondents do not have any case that any courts had issued any order interdicting them from accepting basic land tax from the petitioner in respect of the subject property.

In the light of these aspects, it is ordered that the 3^rd respondent-Village Officer will immediately accept basic land tax from the petitioner, in respect of the subject property covered by Ext.P-3 and for the arrear periods in question and shall forthwith issue land tax receipts to the petitioner.

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

Sd/-

ALEXANDER THOMAS JUDGE

vgd/11.02.19

W.P(C)No.3171 of 2019

6

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PATTA ISSUED TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE PLAN ISSUED UNDER RIGHT TO INFORMATION ACT. EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 13.10.2014 FOR 2014-2015. EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF PETITIONER DATED 5.2.2017. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 26.12.2018 RECEIVED UNDER RIGHT TO INFORMATION ACT. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SENT BY PETITIONER TO THE 2ND RESPONDENT DATED 1.11.2018.

ALEXANDER THOMAS

CNR

KLHC010084472019

Topic

Service and Employment

Bench

Alexander Thomas

Disposal

DISPOSED OF

4 Feb 2019

Suju R Vs State of Kerala

4 Feb 2019