Allowed

Sr. Salomi, v. State of Kerala

Kerala HC10 Oct 2019WP(C)/7154/2019

Case brief

AI extract

What is this about?

Petitioner challenged refusal of revenue authorities to accept land tax and issue receipt due to a pending civil suit concerning alleged excess land. Court held pendency cannot bar tax acceptance, directed 4th respondent to verify title deeds and accept tax within one month, and issued possession certificate, clarifying no prejudice to civil suit rights.

What did the court decide?

Directed 4th respondent to consider title deeds, accept land tax, and consider possession certificate application within one month; no prejudice to pending civil suit rights.

Sr. Salomi, Vs State of Kerala — Land Acquisition | Kerala HC (2019)

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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 A.K.JAYASANKARAN NAMBIAR

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THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941

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WP(C).No.7154 OF 2019(T)

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PETITIONER/S:

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SR. SALOMI, AGED 65 YEARS D/O.VARGHESE, MANAGER, MOUNT TABOR ENGLISH MEDIUM SCHOOL, MEPPADY, WAYANAD - 673 577.

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BY ADV. SRI.BIJU ABRAHAM

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RESPONDENT/S:

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1 STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001.

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2 THE DISTRICT COLLECTOR, WAYANAD - 673 121.

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3 THE TAHSILDAR, VYTHIRI, WAYANAD - 673 121. 4 THE VILLAGE OFFICER, KOTTAPPADI, WAYANAD DISTRICT - 673 577.

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ADDL.R5 M/S. ELSTONE TEA ESTATE LTD. REPRESENTED BY ITS MANAGER P.JAGADEESAN, ESTATE BUNGALOW, KALPETTA, WAYANAD DISTRICT-673121.

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ADDL.R5 IMPLEADED AS PER ORDER DATED 09.08.2019 IN I.A. NO.1/19 IN W.P.(C) 7154/19.

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R5 BY ADV. SRI.T.A.UNNIKRISHNAN SMT. DIVYA GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.7154 OF 2019(T)

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JUDGMENT

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The petitioner has approached this Court aggrieved by the refusal on the part of the respondents to receive land tax in respect of 1.2260 Hectares of land in re-survey number 18/28 corresponding to old survey number 297/11 of Kottapady Village from the petitioner, and to issue receipt for the same. It is stated by the learned counsel for the petitioner that the reluctance on the part of the respondents to accept the tax from the petitioner is on account of the pendency of a civil suit in relation to excess land allegedly held by the petitioner.

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I have heard Sri.Biju Abraham, the learned counsel for the petitioner, Smt.Divya S., the learned Government Pleader for the respondents 1 to 4 and Sri.T.A.Unnikrishnan, the learned counsel for the additional 5^th respondent.

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On a consideration of the facts and circumstances of the case and the submissions made across the Bar, and finding that the mere pendency of a civil suit cannot be a reason for the revenue authority to refuse to accept tax from a person who has established her title over the property in question, I direct the 4^th respondent to consider the title deeds produced by the petitioner to establish her title over the land in question, and accept the land tax in respect of the said land. Thereafter, if an application is preferred by the petitioner for a Possession Certificate, the said respondent shall also consider the said application based on the acceptance of tax from the petitioner. The 4^th respondent shall do the needful within a period of one month from the date of receipt of a copy of this judgment. It is made clear that the acceptance of tax from the petitioner or the issuance of the Possession Certificate to the petitioner will not prejudice the rights of the parties to the suit stated to be pending before the civil court.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR

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JUDGE

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WP(C).No.7154 OF 2019(T)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE SALE DEED NO.2157/1996 DATED 06/06/1996 OF S.R.O.KALPETTA.
EXHIBIT P2	A TRUE COPY OF THE SALE AGREEMENT DATED 15/07/96 BETWEEN PETITION & M/S.ELSTONE TEA ESTATES LTD.
EXHIBIT P3	A TRUE COPY OF THE REVENUE RECEIPT DATED 24/5/21997 ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF PETITIONER.
EXHIBIT P4	A TRUE COPY OF THE REVENUE RECEIPT DATED 18/08/1999 ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF PETITIONER.
EXHIBIT P5	A TRUE COPY OF THE SETTLEMENT DEED NO.2249/2001 OF S.R.O.KALPETTA DATED 17/09/2011 EXECUTED BY SR.SOFIA IN FAVOUR OF THE ORDER OF SISTERS OF SACRED TRANSFIGURATION, MOUNT TABOR.
EXHIBIT P6	A TRUE COPY OF THE LAND TAX RECEIPT LAST PAID DATED 23/06/2012 ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF PETITIONER.
EXHIBIT P7	A TRUE COPY OF THE POSSESSION CERTIFICATE NO.200/12 DATED 27/02/2012 ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF PETITIONER IN RESPECT OF AN AREA 1/2260 HECTORS IN RE.SY.NO.18/28.

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Sr. Salomi, v. State of Kerala

Case brief

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Sr. Salomi, v. State of Kerala

Case brief

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