Disposed

Manish S Mattam v. State of Kerala

Kerala HC25 Mar 2024WP(C)/3071/2024

Case brief

AI extract

What is this about?

Held, the petitioner approached the Court for mutation and tax payment directions. The Court directed respondents to finalize mutation and tax receipt proceedings within two months after receiving requisite documents requested from the petitioner, without any monetary details mentioned.

What did the court decide?

Direct respondents to finalize mutation and tax payment within 2 months after receiving requisite documents from petitioner.

Manish S Mattam Vs State of Kerala — Property and Title | 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 MR.JUSTICE VIJU ABRAHAM

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MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946

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WP(C) NO. 3071 OF 2024

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PETITIONER:

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MANISH S MATTAM,AGED 34 YEARS

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S/O SAJI MATTATHIL, MATTAHIL HOUSE, RP C.P.O,
VANDANPATHAL, EDAKKUNNAM KARA, ERUMELY NORTH VILLAGE,
KANJIRAPPALLY TALUK KOTTAYAM., PIN - 686513

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BY ADVS.
E.D.GEORGE
BENET SELVAN S.
BRISONE T. MATHEW

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
DEPARTMENT OF LAND REVENUE GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM-695001 REPRESENTED BY
GOVERNMENT PLEADER,HIGH COURT OF KERALA, PIN - 682031

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2 SUB REGISTRAR SUB REGISTRAR OFFICE POONJAR, KOTTAYAM, PIN - 686581

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3 TAHSILDAR

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KANJIRAPPALLY TALUK OFFICE 1ST FLOOR,
MINI CIVIL STATION, KOTTAYAM - KUMILY RD,
KOKKAPPALLY, KANJIRAPPALLY, KERALA, PIN - 686555

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4 VILLAGE OFFICER

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VILLAGE OFFICE KOOTTIKKAL P.O KOOTTIKKAL,
KOTTAYAM, PIN - 686512

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OTHER PRESENT:

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SR.GP - DEEPA NARAYANAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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25.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.3071 of 2024

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VIJU ABRAHAM, J.

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W.P (C) No.3071 of 2024

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Dated this the 25^th day of March, 2024

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JUDGMENT

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Petitioner has approached this Court seeking a direction to respondents 3 and 4 to effect mutation of the property in old survey no.2651, re-survey block no.078, re-survey no.9/3 of Koottikkal Village purchased by the petitioner as per Ext.P1 document. It is averred that by Ext.P1 sale deed petitioner has purchased 40.47 Ares of property in old survey no.2651, re-survey block no.078, re-survey no.9/3 of Koottikkal Village. Petitioner contends that the said property is part of 81 Ares (2 Acres) of property in survey no.2651 of Koottikkal Village which was acquired by one Thomas Joseph Perambally by way of Ext.P2 patta. Later on the property changed several hands and was ultimately purchased by one Jossy Sunny as per Ext.P3 and the petitioner has purchased the property from said Jossy Sunny. When the petitioner attempted to pay tax through online, he was not able to pay the same and it is in the said circumstance petitioner has approached this Court. Petitioner relying on the additional documents produced submits that when the property was in the ownership and possession of one Vasudevan there was a re-survey

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WP(C) No.3071 of 2024

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conducted. In the re-survey some mistakes have occurred in the measurement and allotment of re-survey numbers. So the said Vasudevan has made a request for rectification of the same and the same was rectified as per Ext.P14 order and thereafter he has paid tax in respect of the said property as evident from Ext.P15. Subsequently the property was sold to the said Jossy Sunny who also has remitted tax as evident from Ext.P16 and was also issued with Ext.P17 possession certificate. In view of the same petitioner would submit that there is no reason for denying the transfer of registry as well as payment of tax in respect of the property covered by Ext.P1.

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A statement has been filed by the 3^rd respondent wherein it is mentioned that the survey number mentioned in the deed as well as in the BTR is mismatched and when this mismatch was noticed the petitioner was directed to produce all the prior documents relating to the property in his possession for verification.

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Whatever that be the request of the petitioner for effecting mutation and for payment of tax are pending consideration before the respondents 3 and 4 and the same has to be finalised without much delay. Therefore the writ petition is disposed of directing respondents 3 and 4 to finalise the proceedings for effecting mutation and payment of tax. Petitioner shall produce all the necessary documents sought for by respondents 3 and 4 and also all supporting documents including Exts.P14 to P17 within a

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WP(C) No.3071 of 2024

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period of two weeks from the date of receipt of a copy of the judgment. On production of the requisite documents respondents 3 and 4 shall take appropriate steps in accordance with law on the application submitted by the petitioner for effecting mutation and for receiving tax and the same shall be finalised within an outer limit of two months from the date of receipt of necessary documents, with notice to the petitioner and any other affected parties.

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Writ petition is disposed of as above.

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Sd/-

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VIJU ABRAHAM JUDGE

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cks

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WP(C) No.3071 of 2024

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APPENDIX OF WP(C) 3071/2024

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE COPY OF THE SALE DEED NO.`
	`1775/I/2023 OF POONJAR SUB REGISTRY` `DATED 14.12.2023`
`Exhibit P2`	`TRUE COPY OF THE PATTAYAM NO. DATED` `30.07.1985`
`Exhibit P3`	`TRUE COPY OF THE SAID SALE DEED` `NO.564/2002 DATED 27.04.2002`
`Exhibit P4`	`TRUE COPY OF THE COUNTER AFFIDAVIT FILED` `BY THE 2ND RESPONDENT IN WP( C) 14203 OF` `2023 DATED 23.08.2023`
`Exhibit P5`	`TRUE COPY OF THE JUDGEMENT OF THIS` `HON'BLE COURT IN WP(C ) 14203/2023 DATED` `29/09/2023`
`Exhibit P6`	`TRUE COPY OF THE ENCUMBRANCE CERTIFICATE` `DATED 29/12/2023`
`Exhibit P7`	`TRUE COPY OF THE LAND DETAILS FROM THE` `REVENUE DEPARTMENT`
`Exhibit P8`	`TRUE COPY OF THE E-CHELLAN DATED` `12.01.2024`
`Exhibit P9`	`TRUE COPY OF THE APPLICATION SUBMITTED` `BY THE PETITIONER TO THE 4TH RESPONDENT` `DATED 26/01/2024`
`Exhibit P10`	`TRUE COPY OF THE ORDER NO. S.M.P 86/1985` `DATED 30/07/1985 OF THE LAND TRIBUNAL`
`Exhibit P11`	`TRUE COPY OF THE SAID SALE DEED NO.` `2623/1985 OF S.R.O POONJAR`
`Exhibit P12`	`TRUE COPY OF SALE DEED NO 1783/1988 OF` `S.R.O POONJAR`
`Exhibit P13`	`TRUE COPY OF SALE DEED NO 1352/1990 OF` `POONJAR S.R.O.`

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WP(C) No.3071 of 2024

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`Exhibit P14`	`TRUE COPY`	`OF`	`THE`	`ORDER NO. 3/03 OF`
	`SURVEY SUPE`	`RINT`	`ENDEN`	`T DATED 31/12/2003`
`Exhibit P15`	`TRUE COPY` `05/01/2004`	`OF`	`THE`	`TAX RECEIPT DATED`
`Exhibit P16`	`TRUE COPY` `10/01/2007`	`OF`	`THE`	`TAX RECEIPT DATED`
`Exhibit P17`	`TRUE COPY`	`OF T`	`HE PO`	`SSESSION CERTIFICATE`
	`NO. 737/04`	`DATE`	`D 23.`	`06.2004`

Manish S Mattam v. State of Kerala

Case brief

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Manish S Mattam v. State of Kerala

Case brief

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