Allowed

Muthulakshmi v. State of Kerala

Kerala HC11 Jan 2022WP(C)/30936/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the writ petition and directed the 5th respondent to issue revenue certificates including location sketch and genuinity certificate to the petitioner. The Court also directed the removal of adverse endorsements on tax receipts within one month, subject to pending civil suit on title.

What did the court decide?

Directing the 5th respondent to issue revenue certificates (location sketch, ROR, possession, genuinity) and to efface adverse endorsements on tax receipts within one month.

Muthulakshmi Vs State of Kerala — 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 MURALI PURUSHOTHAMAN

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TUESDAY, THE 11^TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943

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WP(C) NO. 30936 OF 2021

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PETITIONER:

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MUTHULAKSHMI, AGED 44 YEARS W/O. VELU, ITTIYIL HOUSE, UPPUTHARA P. O., IDUKKI DISTRICT.

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*** MURUGALAKSHMI, AGED 44 YEARS, W/O. VELU, ETTIYIL HOUSE, UPPUTHARA P. O., IDUKKI DISTRICT.**

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THE NAME OF THE PETITIONER IS CORRECTED AS “MURUGALAKSHMI” AND THE HOUSE NAME OF THE PETITIONER IS CORRECTED AS “ETTIYIL HOUSE” AS PER ORDER DATED 05.01.2022 IN I.A NO.1 OF 2022.

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BY ADV SRI. BIJU. C. ABRAHAM

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL, SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE STATE SPECIAL OFFICER & COLLECTOR, GOVERNMENT LAND RESUMPTION, THIRUVANANTHAPURAM - 695 001.

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3 THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, IDUKKI - 685 603.

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4 THE TAHSILDAR, PEERMADE TALUK, IDUKKI DISTRICT - 685 538.

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5 THE VILLAGE OFFICER, UPPUTHARA VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT - 685 505.

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SRI. K. M. FAISAL - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

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ON 11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.30936 OF 2021

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JUDGMENT

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The petitioner has filed the writ petition with the following reliefs:-

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“i) To issue a writ of certiorari or other appropriate writ or order quashing Ext.P3;

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ii) To issue a writ of mandamus or any other writ or order directing the 5^th respondent to issue all revenue certificates such as Location Sketch, ROR, Possession Certificate, Genuinity Certificate etc. and remove the endorsement provisionally accepted in Exts.P2 and P2(a) having Thandaper Nos.4436 & 4667, tax receipts with respect to the property covered by Exts.P1 and P1(a) forthwith or within such time as this Hon'ble Court may deem fit and proper in the interest of justice;

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iii) To declare that the acceptance of land tax provisionally with condition is illegal and unsustainable and the Village Officer has no authority to impose any condition on the basic tax receipt.

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iv) Grant such other reliefs as this Hon'ble Court may deem just and proper in the interest of justice, including costs.”

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Heard the learned counsel for the petitioner

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and the learned Government pleader for the respondents.

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W.P.(C) NO.30936 OF 2021

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The learned counsel for the petitioner submits

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that the issues raised in this writ petition is covered by Ext.P5 judgment. The learned counsel for the petitioner also submits that similar judgments have been rendered by this Court as evident by Exts.P6 and P7.

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In the aforesaid circumstances, I am of the

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view that the writ petitioner is also entitled to the benefit of the aforesaid judgments. Accordingly, I allow this writ petition directing the 5^th respondent to consider the request made by the petitioner for issuance of revenue certificates such as location sketch, ROR, possession certificate, genuinity certificate etc. with respect to the properties covered by Exts.P1 and P1(a) and to issue the same.

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The petitioner shall also take necessary steps to efface the adverse endorsement in Exts.P2 and P2(a) tax receipts or to issue fresh certificate without any

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W.P.(C) NO.30936 OF 2021

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adverse remarks. This shall be done within a period of one month from the date of receipt of a copy of this judgment. I make it clear that the directions issued in this judgment will be subject to any adjudication of the title of the petitioner in a civil suit, if any, instituted by the state and its competent Authorities.

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The writ petition is disposed of accordingly.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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W.P.(C) NO.30936 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.3703/2006 DATED 21.12.2006 AND OF PEERMADE SRO. EXHIBIT P1 (a) TRUE COPY OF THE SALE DEED NO.2681/2007 DATED 03.10.2007 OF PEERMADE SRO. EXHIBIT P1 (b) TRUE COPY OF THE SETTLEMENT DEED NO.4158/1994 DATED 22.12.1994. EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 10.08.2021 WITH RESPECT TO PROPERTY COVERED BY EXT P1. EXHIBIT P2 (a) TRUE COPY OF THE TAX RECEIPT DATED 10.08.2021 WITH RESPECT TO PROPERTY COVERED BY EXT P1(a). EXHIBIT P3 TRUE COPY OF THE LETTER DATED 27.12.2021 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO.GLR (LR) 210/15/PER-TCO DATED 12.08.2016 OF THE SPECIAL OFFICER & COLLECTOR. EXHIBIT P4 (a) TRUE COPY OF THE GO NO.172/2019 ISSUED BY THE 1ST RESPONDENT ON 06.06.2019. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 07.11.2018 PASSED BY THIS HON'BLE COURT IN WPC NO.40002/2016 AND CONNECTED CASES. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 18.02.2019 PASSED BY THIS HON'BLE COURT IN WPC NO.4647/2019. EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 08.09.2021 IN WPC NO.16908/2021.

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RESPONDENTS'S EXHIBITS: NIL.

Muthulakshmi v. State of Kerala

Case brief

What is this about?

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Muthulakshmi v. State of Kerala

Case brief

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