Allowed

Dr.George Varghese, v. the District Collector

Kerala HC3 Aug 2021WP(C)/14004/2021

Case brief

AI extract

What is this about?

Petitioner sought revocation of adverse endorsements and issuance of revenue records regarding 116.83 acres. Court held State must issue records as petitioner holds valid title and State has not filed civil suit to establish contrary.

What the court decided

AI extract

Dr.George Varghese, Vs the District Collector — Land Acquisition | Kerala HC (2021)

¶1

WP(C) NO. 14004 OF 2021 1

¶2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3

PRESENT

¶4

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶5

TUESDAY, THE 3^RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943

¶6

WP(C) NO. 14004 OF 2021

¶7

PETITIONER/S:

¶8

DR.GEORGE VARGHESE,

¶9

AGED 56 YEARS, S/O.P.V.VARGHESE, KANAM ESTATE, SANTANPARA (PO), IDUKKI DISTRICT, PIN-685 619, (NOW RESIDING AT HOUSE NO.C-86, DEFENCE COLONY, NEW DELHI, PIN-110 024).

¶10

BY ADVS.

¶11

RINNY STEPHEN CHAMAPARAMPIL ASHA ELIZABETH MATHEW

¶12

RESPONDENT/S:

¶13

1 THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI-695 001.

¶14

2 THE TAHASILDAR, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN-685 554.

¶15

3 THE VILLAGE OFFICER, SANTANPARA VILLAGE, IDUKKI DISTRICT, PIN-685 619.

¶16

BY ADV SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL

¶17

SMT K AMMINIKUTTY, SR GP

¶18

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

WP(C) NO. 14004 OF 2021

¶20

¶21

JUDGMENT

¶22

Being aggrieved by the refusal on the part of the respondents in issuing revenue records to the petitioner in respect of properties owned by him and covered under Ext.P1 to P6 deeds, the petitioner is before this court seeking the following reliefs:

¶23

i) issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to immediately issue all revenue certificates including possession certificate, plantation certificate, ROR, location sketch without making any adverse endorsements on such certificates/documents and to issue land tax receipt for the current financial year without making any adverse endorsements pertaining to the petitioner’s property covered by Exhibits P1 to P6 title deed and Exhibit P10 tax receipt;

¶24

ii) issue appropriate writ, order or direction declaring that the petitioner is entitled to obtain all revenue certificates including possession certificate, ROR, plantation certificate, location sketch without making any adverse endorsements on such certificates/documents and for issuance of land tax receipt for the current financial year without making any adverse endorsements pertaining to the petitioner’s property covered by Exhibits P1 to 6 title deeds and Exhibit P10 tax receipt.

¶25

iii) Award to the petitioner the costs of these proceedings.

¶26

WP(C) NO. 14004 OF 2021

¶27

¶28

It is the case of the petitioner that he is the absolute owner in title and possession of property admeasuring 116.83 Acres falling in Survey No.13/1, 13/2, 13/3, 19/4, 16/2, 45/2, 17/2, 45/1, 16/1-1 and 9/1 of Santanpara village. The above properties are stated to have been acquired by the petitioner and his parents on the strength of Exts.P1 to P6 sale deeds dated 10.05.1976 registered at the Sub Registrar Office, Udumpanchola. According to the petitioner, the purchasers effected mutation and have been remitting tax as is evident from Ext.P7 series. The purchasers have also been remitting the plantation tax with the village office, Santhanpara which fact would be evident from Ext.P8. The petitioner contends that his parents expired in the year 1995 and later, his brother Sri. Thomas Varghese passed away. Late Sri. Thomas Varghese was a bachelor. Thus the petitioner became the absolute owner in title and possession of the properties.

¶29

It is contended that while enjoying the property as aforesaid, the petitioner was served with a notice by which proceedings were initiated against him under the Land Conservancy Act, 1957 and steps were taken to resume the property. The petitioner along with his wife approached this Court and filed W.P.(C) No.10014/2016 challenging the order of resumption. By Ext.P9 judgement dated 14.09.2018, the notices were quashed and it was held that as the petitioners have raised a valid claim to the title, the provisions of the Land Conservancy Act cannot be invoked. Liberty was granted to the

¶30

WP(C) NO. 14004 OF 2021 4

¶31

State to initiate appropriate civil proceedings to establish its title in accordance with law. The revenue authorities were further ordered to accept tax subject to any adjudication on the title. According to the petitioner, the above judgment remains unchallenged.

¶32

Things being as aforestated, the petitioner filed Ext.P11 application before the 2nd respondent seeking for issuance of possession certificate, plantation certificate, non-attachment certificate, Thandaper account, genuinity certificate and location sketch. When the above records were not issued, the petitioner submitted an identical application before the 3rd respondent. However, the documents sought were not issued. The petitioner place reliance on the judgments of this Court in W.P.(C) No.4647 of 2019, W.P.(C) No.13736/2020 and W.P.(C)No.7787/2021, which are produced as Exts.P14 to P16, and it is contended that this Court has held that no restrictions can be imposed on the right of the landholders to obtain revenue records subject to the adjudication of title, if any, in a properly instituted suit by the Government.

¶33

A statement has been filed on behalf of the 1st respondent. It is stated that the petitioner and his family owns a total extent of 46.8421 Ha. of land comprised in various survey numbers of Santhanpara Village vide Thandaper Nos. 733, 734, 744 and 753. The aforesaid properties were

¶34

WP(C) NO. 14004 OF 2021 5

¶35

previously owned by Harrisons Malayalam Ltd. It is stated that as per the directions in the Government Order, G.O.(M.S.) No.172/2019/Rev. dated 6.6.2019, the District Collector, Idukki has issued directions to the Tahsildar to receive land tax only after making endorsements. It is in the light of the above order that the 3rd respondent had received land tax from the petitioner. It is further stated that in view of the dispute as regards the title of the property in question as well as the specific directions of the Government, the respondents are not in a position to issue certificates except the tax receipt.

¶36

I have heard Sri.Rinny Stephen Chamaparampil, the learned counsel appearing for the petitioner, and the learned Government Pleader. I have considered the submissions made across the Bar.

¶37

From Exts.P1 to P6, it is apparent that the petitioner herein has acquired title in respect of the property having an extent of about 116.83 Acres falling in Survey Nos. 13/1, 13/2, 13/3, 19/4, 16/2, 45/2, 17/2, 45/1, 16/1-1 and 9/1 of Santampara village and Thandaper numbers have also been issued. When proceedings for resumption of the land was initiated by the revenue, this Court, while quashing the notices issued under the Land Conservancy Act had emphatically held in Ext.P9 judgment that as the petitioner has a valid claim to title, the proceedings under the LC Act cannot

¶38

WP(C) NO. 14004 OF 2021 6

¶39

be invoked and directions were issued to the State to initiate appropriate civil proceedings to establish their title over the property. Though the said judgment was rendered on 14.9.2018, nothing is stated in the statement filed by the 1st respondent that the State has approached the Civil Court to establish its title.

¶40

In common judgment dated 4.4.2017 of a Division Bench of this Court in W.A.Nos. 564 and 612 of 2017, the question was whether the issuance of possession certificate sought for by the landholder could be resisted by the State on the ground that the subject properties involved therein were exempted lands under Section 81(1)(e) of the Kerala Land Reforms Act, being plantation land. Their Lordships of the Division Bench had held that the approach of the respondents was faulty and untenable and it was further held that the State authorities including the competent revenue officials are obliged in law to consider the issue as to whether the petitioners are otherwise entitled to the issuance of revenue records as sought for. I am of the considered opinion that in view of the principles laid down by the Division Bench in the above decision as well as Ext.P14 to P16 judgments passed by coordinate benches of this Court, the respondents will not be justified in refusing to issue revenue records to the petitioner herein, particularly when the revenue records issued by the respondents themselves show that the petitioner is the absolute titleholder in possession of the

¶41

WP(C) NO. 14004 OF 2021 7

¶42

property. However, it is yet another matter, if the State ventures to file a suit for establishing their right and securing favourable orders.

¶43

Resultantly, this writ petition will stand allowed. There will be a direction to the competent among respondents to consider Exts.P11 and P13 applications submitted by the petitioner herein and to issue revenue records including the possession certificate, plantation certificate, RoR, location sketch and accept basic tax without making any adverse endorsements in respect of the property covered under Exts.P1 to P6 and P10.

¶44

Sd/-

¶45

RAJA VIJAYARAGHAVAN V, JUDGE

¶46

ps/4/8/2021

¶47

WP(C) NO. 14004 OF 2021 8

¶48

APPENDIX OF WP(C) 14004/2021

¶49

PETITIONER(S) EXHIBITS :

¶50

Exhibit P1	TRUE COPY OF THE REGISTERED SALE DEED DATED 10.05.1976 EXECUTED BY A.S.NATARAJAN IN FAVOUR OF DR.ANNAMMA VARGHESE, BEARING REGISTRATION NUMBER 1063/1976 OF SRO, UDUMPANCHOLA.
Exhibit P2	TRUE COPY OF THE REGISTERED SALE DEED DATED 10.05.1976 EXECUTED BY A.S.NATARAJAN IN FAVOUR OF THOMAS VARGHESE BEARING REGISTRATION NUMBER 1064/1976 OF SRO, UDUMPANCHOLA.
Exhibit P3	TRUE COPY OF THE REGISTERED SALE DEED DATED 10.05.1976 EXECUTED BY A.S.NATARAJAN IN FAVOUR OF GEORGE VARGHESE BEARING REGISTRATION NUMBER 1065/1976 OF SRO, UDUMPANCHOLA.
Exhibit P4	TRUE COPY OF THE REGISTERED SALE DEED DATED 10.05.1976 EXECUTED BY A.S.NATARAJAN AND PADMINI AMMAL (FOR AND ON BEHALF OF VASU) IN FAVOUR OF P.V.VARGHDSE, BEARING REGISTRATION NUMBER 1066/1976 OF SRO, UDUMPANCHOLA.
Exhibit P5	TRUE COPY OF THE REGISTERED SALE DEED DATED 10.05.1976 EXECUTED BY A.S.NATARAJAN AND PADMINI AMMAL (FOR AND ON BEHALF OF AMUDHA) IN FAVOUR OF P.V.VARGHESE BEARING REGISTRATION NUMBER 1067/1976 OF SRO, UDUMPANCHOLA.
Exhibit P6	TRUE COPY OF THE REGISTERED SALE DEED DATED 10.05.1976 EXECUTED BY PADMINI AMMAL IN FAVOUR OF P.V.BVARGHESE BEARING REGISTRATION NUMBER 1068/1976 OF SRO UDUMPANCHOLA.
Exhibit P7	TRUE COPIES OF LAND TAX RECEIPTS DATED 12.01.2011 ISSUED FROM SANTHANPARA

¶51

WP(C) NO. 14004 OF 2021

¶52

¶53

VILLAGE.

¶54

Exhibit P8	TRUE COPY OF THE PLANTATION TAX RECEIPTS DATED 11.01.2006 ISSUED FROM THE VILLAGE OFFICE, SANTHANPARA (4 IN NOS).
Exhibit P9	A TRUE COPY OF THE JUDGMENT DATED 14.09.2018 OF THIS HON'BLE COURT IN WPC NO.10014/2016.
Exhibit P10	A TRUE COPY OF THE LAND TAX RECEIPTS DATED 19.08.2020 ISSUED BY THE 3RD RESPONDENT (4 IN NUMBER).
Exhibit P11	A TRUE COPY OF THE APPLICATION DATED 08.04.2021 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT,
Exhibit P12	A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT.
Exhibit P13	A TRUE COPY OF THE APPLICATION DATED 08.04.2021 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT.
Exhibit P14	A TRUE COPY OF THE JUDGMENT DATED 18.02.2019 OF THIS HON'BLE COURT IN WPC NO.4647/2019.
Exhibit P15	A TRUE COPY OF THE JUDGMENT DATED 13.07.2020 OF THIS HON'BLE COURT IN WPC NO.13736/2020.
Exhibit P16	A TRUE COPY OF THE JUDGMENT DATED 20.04.2021 OF THIS HON'BLE COURT IN WPC NO.7787/2021.

¶55

RESPONDENT(S) EXHIBITS : NIL

Dr.George Varghese, v. the District Collector

Case brief

What is this about?

What the court decided

Dr.George Varghese, v. the District Collector

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Albert Augustine K.J Vs State of Kerala

Panchali Vs State of Kerala

Shaffek Vs K.Gopalakrishnan

Mrs. Lalithamma, Vs the Executive Engineer

Kuriakose Vs the District Collector

K.M.Jalal Vs Superintendent of Police