Disposed

St.Mary S Church, Nedumbala v. State of Kerala

Kerala HC10 Oct 2023WP(C)/3127/2023

Case brief

AI extract

What is this about?

In a civil writ petition, the High Court at Ernakulam directed the Village Officer respondent to accept land tax and issue thandaper and other necessary certificates to the petitioner church regarding specific properties within one month, without prejudicing title questions.

What did the court decide?

Directed the 4th respondent to accept land tax and issue thandaper and other necessary certificates for the petitioner's properties within one month.

St.Mary S Church, Nedumbala Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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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 10^TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945 WP(C) NO. 3127 OF 2023

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PETITIONER:

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ST.MARY S CHURCH, NEDUMBALA NATHAMKUNI.P.O., MEPPADI, WAYANAD - 673 577. REPRESENTED BY ITS VICAR FR.REGI VARGHESE, MUTHAUKATHANIYIL , VELLARIKUNDU, BALAL, KASARGOD - 671 533.

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BY ADVS. ZAKEER HUSSAIN K.A.SANJEETHA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001

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2 THE SPECIAL OFFICER GOVT. LAND RESUMPTION STATE SPECIAL OFFICE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM., PIN - 695033

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3 THE TAHSILDAR VYTHIRI TALUK OFFICE, VYTHIRI, WAYANAD ., PIN - 673576

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*4 THE VILLAGE OFFICER VELLARIMALA VILLAGE, WAYANAD ., PIN – 673577

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( THE ADDRESS OF THE 4TH RESPONDENT IS CORRECTED AS “THE VILLAGE OFFICER*

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THRIKKAIPPETTA VILLAGE, WAYANAD DISTRICT., PIN – 673577” AS PER ORDER DATED 30.09.2023 OM I.A.NO.1/2023] R BY GP ADV.RIYAL DEVASSY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 3127 OF 2023 : 2 :

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JUDGMENT

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The prayer in this writ petition is for a direction

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to the 4^th respondent to accept the land tax from the petitioner and to issue thandaper certificate and other necessary certificates in respect of the properties covered by Exts.P1 and P2. The 4^th respondent refused to grant thandaper certificate on the ground that the property is situated in Wayanad District and the title of which was originally in the name of M/s Harrisons Malayalam Ltd. The learned counsel for the petitioner submits that this Court in Ext.P13 judgment, has issued direction to the respondents to accept the basic land tax from the petitioners therein and also to issue thandaper account number certificate, possession certificate, location sketch etc., without prejudice to the

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WP(C) NO. 3127 OF 2023 : 3 :

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contentions of the State/respondents regarding the question of title that may be raised by them in any appropriate civil proceedings that may be instituted by them in that regard.

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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In the light of Ext.P13 judgment, this writ petition is disposed of, directing the 4^th respondent to accept the land tax from the petitioner and to issue thandaper certificate and other necessary certificates in respect of the properties covered by Exts.P1 and P2, at the earliest, at any rate, within a period of one month from the date of receipt of a copy of this judgment. It is made clear that the acceptance of land tax as well as the issuance of thandaper certificate and other certificates will be without prejudice to the right of the

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WP(C) NO. 3127 OF 2023 : 4 :

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State/respondents with regard to the question of title that may be raised by them in any appropriate civil proceedings that may be instituted by them in that regard.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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WP(C) NO. 3127 OF 2023 : 5 :

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APPENDIX

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PETITIONER EXHIBITS

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Exhibit .P1	TRUE 29/02	COPY /1988	OF THE PATTA NO.62 OF 1988 DATED OF THE LAND TRIBUNAL, KALPPETTA.
Exhibit .P2	TRUE 24/06	COPY /1992	OF THE SALE DEED NO.1952 OF 1992 DATED OF KALPPETTA SUB REGISTRY OFFICE.
Exhibit .P3	TRUE ISSUE	COPY D BY	OF THE TAX RECEIPT DATED 03/09/2011 THE 4TH RESPONDENT.
Exhibit .P4	TRUE ISSUE CENTS	COPY D BY .	OF THE TAX RECEIPT DATED 20/02/2014 THE 4TH RESPONDENT IN RESPECT OF THE 50
Exhibit .P5	TRUE DISTR	OF TH ICT C	E LETTER DATED 21/07/2014 ISSUED BY THE OLLECTOR, WAYANAD.
Exhibit .P6	TRUE BY TH	COPY E 3RD	OF THE LETTER DATED 30/03/2017 ISSUED RESPONDENT.
Exhibit .P7	TRUE W.P(C	COPY ) NO.	OF THE JUDGMENT DATED 05/08/2015 IN 22088 OF 2015.
Exhibit .P8	TRUE W.P(C	COPY ) NO.	OF THE JUDGMENT DATED 22/09/2015 IN 26638 OF 2015 .
Exhibit .P9	TRUE W.P(C	COPY ) NO.	OF THE JUDGMENT DATED 14/07/2016 IN 11132 OF 2016.
Exhibit .P10	TRUE W.P(C	COPY ) NO.	OF THE JUDGMENT DATED 12/04/2018 IN 13227/2018.
Exhibit .P11	TRUE (C) N	COPY O.260	THE JUDGMENT DATED 13/08/2018 IN W.P. 62/2018.
Exhibit .P12	TRUE DATED	COPY 05/1	THE JUDGMENT IN W.P.(C) NO.32461/2018 0/2018.
Exhibit .P13	TRUE 35170	COPY /2018	OF THE JUDGMENT IN W.P(C) NO. DATED 12/11/2018.

St.Mary S Church, Nedumbala v. State of Kerala

Case brief

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St.Mary S Church, Nedumbala v. State of Kerala

Case brief

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