Allowed

Usman.M v. State of Kerala

Kerala HC16 Oct 2023WP(C)/9917/2023

Case brief

AI extract

What is this about?

In a writ petition filed for a direction to the 4th respondent to accept land tax and issue thandaper and other certificates for properties under sale deeds (Exts.P1, P2), the Court disposed of the plea by relying on Ext.P7 judgment. The Court directed the 4th respondent to accept land tax and issue thandaper certificate within one month, making it clear that this does not prejudice the State's ri

What did the court decide?

Directed the 4th respondent to accept land tax and issue thandaper certificate and other necessary certificates within one month.

Usman.M Vs State of Kerala — Land Acquisition | 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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MONDAY, THE 16^TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945

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WP(C) NO. 9917 OF 2023

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PETITIONER:

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USMAN.M AGED 37 YEARS S/O.MUHAMMED.M., MOOCHIKKADAN HOUSE, KOTTAPPADY, KOTTANAD.P.O., WAYANAD, PIN - 673577 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 2 THE SPECIAL OFFICER GOVT. LAND RESUMPTION STATE SPECIAL OFFICE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM, PIN - 695033 3 THE TAHSILDAR VYTHIRITALUK OFFICE, VYTHIRI, WAYANAD, PIN - 673576 4 *THE VILLAGE OFFICER VELLARIMALA VILLAGE, VYTHIRI -673576 *CORRECTED AS THE VILLAGE OFFICER, THRIKKAIPETTA VILLAGE, WAYANAD DISTRICT - 673577 THE NAME AND ADDRESS OF 4TH RESPONDENT IS CORRECTED AS PER ORDER DATED 11-04-2023 IN IA 1/2023 IN WPC 9917/2023).

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.9917 OF 2023

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:2:

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JUDGMENT

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Dated this the 16^th day of October, 2023

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The prayer in this writ petition is for a direction to the 4th 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 sale deeds. The 4th 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.

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The learned counsel for the petitioner submits that this Court in Ext.P7 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 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

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WP(C) NO.9917 OF 2023 :3:

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the learned Government Pleader.

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In the light of Ext.P7 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 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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csl

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WP(C) NO.9917 OF 2023 :4:

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APPENDIX OF WP(C) 9917/2023

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PETITIONER'S EXHIBITS

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Exhibit.P1	TRUE COPY OF THE SALE DEED NO. 2452/18 DATED 06/09/2018 OF KALPPETTA SUB REGISTRY OFFICE.
Exhibit.P2	TRUE COPY OF THE SALE DEED NO. 2457/18 DATED 06/09/2018 OF KALPPETTA SUB REGISTRY OFFICE.
Exhibit.P3	TRUE COPY OF THE TAX RECEIPT DATED 29/08/2022 ISSUED BY THE 4TH RESPONDENT.
Exhibit.P4	TRUE COPY OF THE JUDGMENT DATED 12/04/2018 IN W.P(C) NO. 13227/2018.
Exhibit.P5	TRUE COPY THE JUDGMENT IN W.P.(C) NO.26062/2018 DATED 13/08/2018.
Exhibit.P6	TRUE COPY THE JUDGMENT IN W.P.(C) NO.32461/2018 DATED 05/10/2018.
Exhibit.P7	TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 35170/2018 DATED 12/11/2018.
Exhibit.P8	TRUE COPY OF THE JUDGMENT IN W.P (C) NO.40869/2022 DATED 24/02/2023.

Usman.M v. State of Kerala

Case brief

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Usman.M v. State of Kerala

Case brief

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