Disposed

Lotus, v. the Tahsildar (Land Records)

Kerala HC23 Nov 2022WP(C)/21479/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition directing the 1st respondent to effect mutation for two properties. For the third property covered by an injunction order, the Court directed the respondents to conduct necessary enquiries within two months while accepting that mutation does not declare title.

What did the court decide?

Directing the 1st respondent to effect mutation for two properties and to conduct enquiries for the third property subject to injunction within two months.

Lotus, Vs the Tahsildar (Land Records) — Land Acquisition | Kerala HC (2022)

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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 T.R.RAVI

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WEDNESDAY, THE 23^RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA, 1944

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WP(C) NO. 21479 OF 2022

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PETITIONERS:

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1 LOTUS, AGED 52 YEARS, W/O. SASIKUMAR, GOKULAM, NANMA NAGAR, KARUNAGAPPALLY P.O., KOLLAM - 690 518. 2 DAISY, AGED 46 YEARS, D/O.NARYANI, GOKULAM, NANMA NAGAR, KARUNAGAPPALLY P.O., KOLLAM 690 518.

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BY ADVS. SRI.T.G.SUNIL (PRANAVAM) SRI.J.OMPRAKASH SRI.C.X.ANTONY BENEDICT SRI.T.G.MANOJ SRI.T.G.SANTHOSH SRI.T.G.MAHESH SRI.EMMANUAL SANJU SRI.S.PRAHALADAN

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RESPONDENTS:

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1 THE TAHSILDAR (LAND RECORDS) KOLLAM TALUK, KOLLAM P.O., 2 THE VILLAGE OFFICER, VADAKKEVILA VILLAGE, VADAKKEVILA P.O., KOLLAM TALUK, KOLLAM.

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SMT. C. S. SHEEJA, SR.GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 21479 OF 2022

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T.R. RAVI, J.

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W. P. (C). No. 21479 of 2022

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Dated this the 23^rd day of November, 2022

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JUDGMENT

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Admit. Government Pleader takes notice for the respondents.

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The prayer in the writ petition is for a direction to the respondents to effect mutation in favour of the petitioners in respect of the properties covered by Exts.P1 & P2 sale deeds. The properties are situated in Re-Survey Nos.87/8, 87/9, 87/10 and 87/10/2 in Block No.24 of Vadakkevila Village.

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The 1st respondent has filed a counter affidavit wherein it

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is stated that as far as the properties situated in Re-Sy.Nos.87/8 & 87/9 are concerned, action has already been taken to mutate the properties. Regarding the properties in Re-Sy.No.87/10, it is submitted that there is an order of injunction issued by the Principal Munsiff Court, Kollam in I.A.No.1/2022 in O.S.No.205/2022 on 14.03.2022, which is the reason why the mutation is not effected. The order of the Munsiff Court has been produced as Ext.R1(c). It is seen from Ext.R1(c) that the order has been issued on 14.03.2022 in a proceedings in which the

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WP(C) NO. 21479 OF 2022

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petitioners herein are not parties. The properties had been sold to the petitioners on 10.03.2022 prior to the issuance of the injunction order.

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Since the action for mutation has already been effected with regard to two items of properties, this writ petition is disposed of directing the respondents to effect mutation in favour of the petitioners in respect of the properties covered by Exts.P1 & P2 sale deeds after conducting necessary enquiry with regard to the property in Sy.No.87/10 with respect to which an order of injunction has been issued after the transfer in favour of the petitioners. Since it is trite law that mutation and acceptance of land tax is only for fiscal purposes and will not amount to declaration of title in favour of the person in whose favour the property is mutated or the person who is paying the tax, there can be no objection to accepting tax from the petitioners if they are the legal holders of the property. Needless to say that effecting of mutation and accepting of tax will always be subject to the final decision of the Civil Court with regard to the title over the property. The respondents may, if so advised, also put the plaintiffs in O.S.No.205/2022 pending before the Principal Munsiff Court,

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WP(C) NO. 21479 OF 2022

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Kollam on notice regarding the mutation. Necessary orders shall be issued within two months from the date of receipt of a certified copy of this judgment.

Sd/-

T.R. RAVI JUDGE

WP(C) NO. 21479 OF 2022

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APPENDIX OF WP(C) 21479/2022

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PETITIONERS' EXHIBITS

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Exhibit	P1 TRUE COPY OF SALE DEED NO. 481/2022 DATED 10.03.2022 OF ERAVIPURAM S.R.O.
Exhibit	P2 TRUE COPY OF SALE DEED NO. 482/2022 DATED 10.03.2022 OF ERAVIPURAM S.R.O.
Exhibit	P3 TRUE COPY OF TAX RECEIPT DATED 06.09.2021 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT
Exhibit	P4 TRUE COPY OF TAX RECEIPT DATED 24.09.2021 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.
Exhibit	P5 TRUE COPY OF TAX RECEIPT DATED 02.11.2021 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT

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RESPONDENTS' EXHIBITS

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Exhibit R1(a)	TRUE COPY OF THE THANDAPER ACCOUNT NO.57567 IN THE NAME OF THE 1ST PETITIONER
Exhibit R1(b)	TRUE COPY OF THE THANDAPER ACCOUNT NO.57566 IN THE NAME OF THE 2ND PETITIONER
Exhibit R1(c)	TRUE COPY OF THE TEMPORARY INJUNCTION ORDER OF THE HONORABLE PRINCIPAL MUNSIFF COURT, KOLLAM IN IA NO.01/2022 IN OS
	205/2022 DATED 14.03.2022

Lotus, v. the Tahsildar (Land Records)

Case brief

What is this about?

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Lotus, v. the Tahsildar (Land Records)

Case brief

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