Disposed

Abdul Kareem v. State of Kerala

Kerala HC17 Jul 2024WP(C)/14641/2024

Case brief

AI extract

What is this about?

Petitioner sought acceptance of basic tax on his property, which the Village Officer refused on the ground that it was government land and the petitioner had no valid title. The court held that the Village Officer cannot decide title; where title and possession are prima facie established, tax must be accepted.

What did the court decide?

3rd respondent directed to accept property tax from the petitioner in respect of the property covered by Exts.P1 and P6

Abdul Kareem Vs State of Kerala — Landlord and Tenant | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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WEDNESDAY, THE 17^TH DAY OF JULY 2024 / 26TH ASHADHA, 1946 WP(C) NO. 14641 OF 2024

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PETITIONER:

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ABDUL KAREEM AGED 63 YEARS S/O.LATE ISMAYIL, RESIDING NEAR PWD SATHRAM, MUNNAR.P.O., IDUKKI DISTRICT, PIN - 685612

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BY ADV N.M.VARGHESE

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 TAHSILDAR

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DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT, PIN - 685613

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3 THE VILLAGE OFFICER MUNNAR VILLAGE, MUNNAR.P.O., IDUKKI DISTRICT, PIN - 685612

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OTHER PRESENT:

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DEEPA V, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 14641 OF 2024

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: 2 :-

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J U D G M E N T

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The petitioner is aggrieved by the non-acceptance of the basic tax from him by the 3 rd respondent in respect of the property belonging to him.

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2 . I have heard the learned counsel for the petitioner Shri.N.M.Varghese and the learned Government Pleader

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Smt.Deepa V.

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3 . The petitioner acquired the property as per Ext.P1 title deed in the year 1987. According to the petitioner, he has been paying land tax in respect of the property till 2016 and thereafter, the 3 rd respondent refused to accept the property tax.

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4 . The learned Government Pleader submits that the property in question is a government land and the assignor of the petitioner had no right to assign the property to the petitioner. The learned Government Pleader further submits that since the petitioner

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did not acquire a valid title over the property, property tax cannot be accepted from him.

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WP(C) NO. 14641 OF 2024

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: 3 :-

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5 . Ext.P1 prima facie shows that the petitioner holds title to the property. Ext.P2, encumbrance certificate, Ext.P3, possession certificate, Ext.P4, location sketch, Ext.P5, certificate of status of property and Ext.P6 copy of the land tax payment receipt, would also prima facie show that the petitioner is in possession of the property. The Village Officer cannot decide on the question of title. When the petitioner prima facie establishes the title and possession of the property, the Village Officer cannot refuse to accept property tax. If the Government has a claim that it is a government land, it is up to the Government to initiate action against the property in accordance with law. Hence, the 3 rd respondent is directed to accept the property tax from the petitioner in respect of the property covered by Exts.P1 and P6.

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The writ petition is disposed of as above.

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Sd/- DR.KAUSER EDAPPAGATH, JUDGE

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WP(C) NO. 14641 OF 2024

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: 4 :-

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APPENDIX OF WP(C) 14641/2024

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PETITIONER EXHIBITS

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EXHIBIT P1 A PHOTOCOPY OF SALE DEED NO.1135/1987 DATED 14.02.1987 OF S.R.O. DEVIKULAM EXECUTED IN FAVOUR OF THE PETITIONER

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EXHIBIT P2 A PHOTOCOPY OF CERTIFICATE OF ENCUMBRANCE PERTAINED TO THE PROPERTY OF THE PETITIONER DATED 21.03.2023 ISSUED BY THE S.R.O. DEVIKULAM

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EXHIBIT P3 A PHOTOCOPY OF POSSESSION AND NONATTACHMENT CERTIFICATE NO.4460/15 DATED 17.11.2015 ISSUED BY THE VILLAGE OFFICER KDH

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EXHIBIT P4 A PHOTOCOPY OF LOCATION SKETCH OF THE PROPERTY OF THE PETITIONER ISSUED BY THE DEPUTY TAHSILDAR ON 11.12.2015

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EXHIBIT P5 A PHOTOCOPY OF CERTIFICATE OF STATUS OF PROPERTY NO.C2-13507/2015/L.DIS. DATED 22.12.2015 ISSUED IN THE NAME OF THE PETITIONER BY THE 2ND RESPONDENT TAHSILDAR,DEVIKULAM

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EXHIBIT P6 A PHOTOCOPY OF BASIC TAX RECEIPT NO.4318340 DATED 13.06.2016 ISSUED BY THE VILLAGE OFFICER DEVIKULAM IN THE NAME OF THE PETITIONER

Abdul Kareem v. State of Kerala

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Abdul Kareem v. State of Kerala

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