Petitioner firm sought order directing respondents to issue possession certificate and accept land tax after previous judgments held them entitled, subject to Land Board proceedings.
Directed respondents to issue the sought possession certificate and receive land tax within two weeks.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942
WP(C).No.15263 OF 2020(G)
PETITIONER:
MARIA CONSTRUCTION NEEDS,
VAZHAMALA, NARIKKOTTUMALA P.O, REPRESENTED BY ITS MANAGING PARTNER, SRI M.P ABDULLA, AGED 63 YEARS, S/O. KUNHIMOOSA, NARIKKOTTUMALA P.O, THALASSERY TALUK, KANNUR DISTRICT - 670 693
BY ADV. SRI.GIKKU JACOB
RESPONDENTS:
1 THE VILLAGE OFFICER THRIPPANGOTTOOR VILLAGE OFFICE, KALIKANDY P.O, THALASSERY TALUK, KANNUR DISTRICT - 670 693
4 CHAIRMAN, TALUK LAND BOARD, THALASSERY P.O, KANNUR - 670 101
SRI KP HARISH, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is a firm. They state that property having an extent of 2.25 Acres was purchased on 3.6.1992 by a certain Leslin Selvaraj, who later formed a partnership. The legal heirs of Leslin Selvaraj are now the partners of the firm. Being aggrieved by the refusal of the respondents in receiving land tax and revenue certificates, the petitioner had approached this Court and by Ext.P5 judgment dated 10.9.2015, this Court had disposed of the matter holding as follows in paragraph No. 3 of the judgment.
“If the petitioner is in possession of the land referred as above, necessarily, the petitioner is entitled to possession certificate, location sketch and basic tax receipt based on the possessory right based on a quarrying lease. Needful shall be done by the 2nd respondent within a period of two weeks from the date of receipt of a copy of this judgment. The question relating to the claim of ownership is left open.”
1st respondent refused to receive land tax and issue revenue certificate which led the petitioner to approach this Court yet again in the year 2019 and filed W.P.(C) No.9556 of 2019. By Ext.P8 judgment dated 6.6.2019,
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this Court had disposed of the writ petition with the following direction:-
“It appears that the land in question was originally part of the ceiling proceedings of the declarant company - M/s Pothan Joseph & Co. One of the partners of the petitioner firm, by change of hands was in possession. He registered a claim under Section 7E of the Kerala Land Reforms Amendment Act, 2014. That application was rejected. It seems that both the revenue as well as the Taluk Land Board want to include the land in ceiling of the original declarant and that is the reason why they have declined issuance of possession certificate. Notwithstanding any proceedings of the Taluk Land Board, unless the land is ordered to be surrendered, the petitioner will continue to be the true owner and is entitled for all revenue certificates. The revenue authorities as well as the Taluk Land Board is free to proceed against the above property in accordance with law. If the firm or any of the partners of the firm is in possession of the land, necessarily, such revenue certificates sought by them shall be issued to them. Needful shall be done forthwith. However, this will be subject to initiation of proceedings by the Taluk Land Board.”
3. The petitioner contends that Ext.P8 judgment was
produced before the 1st respondent and he was requested to comply with the directions. However, instead of complying with the same, the petitioner was served with a notice issued by the 4th respondent directing the petitioner to appear before the authority on 12.3.2020 to consider the question as to whether the petitioner can be permitted to remit land tax
and issue possession certificate. He contends that the 4th respondent
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cannot sit in appeal over the judgment of this Court and consider the question as to whether the directions issued by this Court can be complied with or not. It is in the afore circumstances that the petitioner is before this Court seeking a direction to the respondents to issue possession certificate to the petitioner and receive land tax.
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it is apparent that the petitioner has been summoned by the Chairman of the Taluk Land Board to hear the question as to whether the revenue records can be issued to him. When this Court directs the issuance of certificates by Ext.P8 order, the respondents are bound to comply with the same. This shall, however, be subject to the directions issued in Ext.P8 judgment enabling the respondent to initiate proceedings before the Taluk Land Board. Until the land is ordered to be surrendered, the petitioner being the person in possession shall be entitled to the certificates. The respondents shall issue the certificate sought for and receive land tax forthwith at any rate within a period of two weeks from today.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sru
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE REGISTERED PARTNERSHIP DEED OF THE PETITIONER FIRM DATED 25-3- 2017 |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE SALE DEED DATED 3-6-1992 EXECUTED IN FAVOUR OF SELVARAJ LESLIN |
| EXHIBIT P3 | TRUE COPY OF THE LAND TAX RECEIPT DATED 9-7-2018 ISSUED BY 1ST RESPONDENT |
| EXHIBIT P4 | TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 20-10- 2017. |
| EXHIBIT P5 | TRUE COPY OF THE JUDGMENT DATED 10-09- 2015 IN W.P(C) NO. 10155/2014 OF THIS HON'BLE COURT |
| EXHIBIT P6 | TRUE COPY OF THE APPLICATION DATED 20-03- 2019 FOR POSSESSION CERTIFICATE FILED BY PETITIONER. |
| EXHIBIT P7 | TRUE COPY OF THE PRINT OUT REJECTING THE APPLICATION FOR POSSESSION CERTIFICATE |
| EXHIBIT P8 | TRUE COPY OF THE JUDGMENT DATED 6-6-2019 IN W.P(C) NO. 9556/2019 |
| EXHIBIT P9 | TRUE COPY OF THE LEGAL OPINION OF SPECIAL GOVERNMENT PLEADER DATED 7-1-2020 OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT. |
| EXHIBIT P10 | TRUE COPY OF THE NOTICE DATED 6-3-2020 ISSUED BY CHAIRMAN, TALUK LAND BOARD, THALASSERY. |
RESPONDENTS EXHIBITS:NIL
2 issues framed by the court
Whether the respondents are bound to issue possession certificate and accept land tax after this Court had expressly directed them to do so.
Whether the revenue authorities can sit in appeal over the judgment of this Court which directs the issuance of certificates.
Maria Construction Needs
The Village Officer Thrippangottoor
The Tahasildar
The District Collector
Chairman, Taluk Land Board
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
