Petitioner, Managing Trustee of a temple, sought writ to quash Tahsildar's order directing respondents to pay property tax. Court held statutory remedy exists and jurisdiction to determine title title does not lie at first instance in writ.
Writ petition dismissed; petitioner directed to avail statutory remedies to challenge the challenged order.
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 C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
WP(C) NO. 8437 OF 2021
PETITIONER/S:
MADHAVAN NAMBOODIRI B.I. AGED 59 YEARS S/O LATE VASUDEVAN NAMBOODIRI, VEDIRAMANA ILLAM, KUNNARU, RAMANTHALI P.O.KANNUR-670 308, (MANAGING TRUSTEE OF UDAYAPURAM SREE KRISHNA TEMPLE)
BY ADV P.M.UNNI NAMBOODIRI
RESPONDENT/S:
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KOVAPURAM P.O.KUNHIMANGALAM, KANNUR DISTRICT670 309.
9 ROSSY SATHYAN, AGED 52 YEARS D/O PAITHALANMARIYA, KOVAPURAM P.O.KUNHIMANGALAM, KANNUR DISTRICT-670 309.
10 ANTONY T.V, AGED 60 YEARS S/O VINCENT, KOVAPURAM P.O.KUNHIMANGALAM, KANNUR DISTRICT-670 309.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) No.8437 of 2021
JUDGMENT
Ravikumar, J.
The petitioner who claims to be the Managing Trustee of Udayapuram Sree Krishna Temple in Cheruthazham Village has filed the writ petition seeking mainly with the following prayer:
“Issue a writ of certiorari or other appropriate writ order to direction to stop the Exhibit P5”.
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WP(C) No.8437 of 2021
submitted that their status is nothing but encroachers and therefore, they are bound to be evicted.
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by resorting to appropriate legal proceedings. Without prejudice to such rights of the petitioner, Udayanapuram Sree Krishna Temple, represented by its Managing Trustee, this writ petition
is dismissed.
Sd/-
C.T.RAVIKUMAR Judge
sd/MURALI PURUSHOTHAMAN Judge
das
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WP(C) No.8437 of 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ADANGAL CERTIFICATE AND SKETCH PLAN ISSUED BY THE 3RD RESPODENT DATED 04.08.2006
EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO 2ND RESPONDENT DIRECTING NO SCOPE FOR COLLECTING BASIC TAX FOR UN-ASSESSED LAND OF TEMPLE
EXHIBIT P3 TRUE COPY OF THE STATEMENT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 14.11.2020.
EXHIBIT P4 THE ROUGH SKETCH OF THE TALUK SURVEYOR COLLECTED AS PER THE DIRECTION OF 4TH RESPONDENT
EXHIBIT P5 TRUE COPY OF THE ORDER ISSUED BY 2ND RESPONDENT DATED 11.01.2021
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 28.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AGAINST THE ORDER DATED 11.01.2021.
1 issue framed by the court
Whether a writ of certiorari can lie against the Tahsildar's order directing acceptance of property tax on land alleged to be an unassigned temple land?
Madhavan Namboodiri B.I.
District Collector, Civil Station, Kannur
Thasildar, Payyannur Taluk
Village Officer, Cheruthazham
Malabar Devaswom Board
Elisabeth Stanli
C.T. Ravikumar
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
