Allowed

Thomas K.T., v. the Village Officer

Kerala HC4 Jan 2022WP(C)/44/2022

Case brief

AI extract

What is this about?

The Court allowed a writ petition seeking remittance of land tax on purchased property. Relying on earlier judgments, the Court directed the competent authority to allow transfer of registry and remittance without delay, while noting future liability if property conversion violates the Kerala Land Reforms Act.

What did the court decide?

Directing the competent respondent to allow the petitioners' request for transfer of Registry and/or remittance of Land Tax without avoidable delay.

Thomas K.T., Vs the Village Officer — Writ and Judicial Review | 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 DEVAN RAMACHANDRAN

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TUESDAY, THE 4^TH DAY OF JANUARY 2022 / 14TH POUSHA, 1943

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WP(C) NO. 44 OF 2022

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PETITIONERS:

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1 THOMAS K.T., AGED 50 YEARS KONGAMALAYIL HOUSE, CHEENIPADAM, KERALA ESTATE P.O., KARUVARAKUND, NILAMBUR TALUK, MALAPPURAM DISTRICT.

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2 BIJU K. THOMAS, AGED 45 YEARS KONGAMALAYIL HOUSE, CHEENIPADAM, KERALA ESTATE P.O., KARUVARAKUND, NILAMBUR TALUK, MALAPPURAM DISTRICT.

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BY ADV SUNNY MATHEW

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RESPONDENTS:

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1 THE VILLAGE OFFICER, KERALA ESTATE, NILAMBUR P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT-676525.

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2 THE TAHSILDAR, TALUK OFFICE, NILAMBUR P.O., MALAPPURAM DISTRICT-676525.

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OTHER PRESENT:

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SMT.K.AMMINIKUTTY .SR.G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 44 OF 2022

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J U D G M E N T

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When this matter was called today, the learned counsel for the petitioners and the learned Senior Government Pleader were ad idem that the issues involved in this case have been answered by this Court in several judgments in favour of the petitioners, including in W.P(C)No.15935 of 2020 and connected matters.

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2. The petitioners seek that they be allowed to remit land tax on the property in question; while the respondents refuse it on the ground that an Estate, of which the extents were earlier part of, is sought to be now fragmented and that the petitioners are attempting to convert the nature of the property in violation of the exemption being enjoyed by it under Section 81 of the Kerala Land Reforms Act.

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3. I have examined the earlier judgments of this Court and there is no doubt that two different Benches have found that the issues projected in this writ petition cannot stand in the way of the respondents allowing the petitioners to remit the land tax or to seek enjoyment of the property purchased by them.

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4. In the afore circumstances and following the judgment of this Court in W.P(C)No.15935 of 2020 and connected matters and W.P(C)No.20675 of 2019 & connected matters, I allow this writ petition

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WP(C) NO. 44 OF 2022

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and direct the competent respondent to allow the petitioners' request for transfer of Registry of the property concerned and/or for remittance of Land Tax on it, without any avoidable delay.

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Needless to say, I leave full liberty to the competent Authorities to take any action against the property concerned, if it is found that any conversion is made thereon in violation of Section 81 of the Kerala Land Reforms Act or if any other provisions of law are violated.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

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WP(C) NO. 44 OF 2022

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APPENDIX OF WP(C) 44/2022

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY OF GIFT DEED PERTAINING TO THE 1ST PETITIONER'S PROPERTY DATED 24/11/2021.
Exhibit P2	A TRUE COPY OF A GIFT DEED PERTAINING TO THE 2ND PETITIONER'S PROPERTY DATED 24/11/2021.
Exhibit P3	A TRUE COPY OF THE PURCHASE CERTIFICATE ISSUED BY THE LAND TRIBUNAL, VANDOOR, DATED 01/09/1983.
Exhibit P4	A TRUE COPY OF THE TAX RECEIPT DATED 29/10/2021, ISSUED BY THE VILLAGE OFFICE, KERALA ESTATE.
Exhibit P5	A TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WPC NO.24502/2021 DATED 09/11/2021.

Thomas K.T., v. the Village Officer

Case brief

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Thomas K.T., v. the Village Officer

Case brief

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