Kerala High Court
Meena Paul vs The District Collector on 22 February, 2021
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA,
1942
WP(C).No.26732 OF 2020(N)
PETITIONER :
MEENA PAUL
AGED 53 YEARS
W/O. PAUL MUTTIKKAL,
MUTTIKKAL HOUSE, YASORAM GARDENS,
OLLUR TRISSUR PIN 680 306
BY ADVS.
SRI.N.M.MADHU
SMT.C.S.RAJANI
RESPONDENTS:
1 THE DISTRICT COLLECTOR, IDUKKI
IDUKKI, COLLECTORATE, KUYILIMALA,
PAINAVU POST, IDUKKI 685 603
2 THE DEPUTY COLLECTOR (L.R)
COLLECTORATE, KUYILIMALA, PAINAVU POST,
IDUKKI 685 603
3 THE TAHSILDAR (L.A)
TALUK OFFICE, PEEERUMED, IDUKKI 685 531
4 THE VILALGE OFFICER,
VAGAMON VILLAGE, VAGAMON POST,
IDUKKI DISTRICT, PIN 685 503
5 ELAPPARA GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
ELAPPARA, IDUKKI DISTRICT PIN 685 501
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WP(C).No.26732 OF 2020(N)
R1-4 BY SRI M.H. HANIL KUMAR, SPL.GOVERNMENT
PLEADER
R5 BY ADV. SRI.J.JULIAN XAVIER
R5 BY ADV. SRI.FIROZ K.ROBIN
R5 BY ADV. SRI.PIOUS MATHEW
R5 BY ADV. SRI.ROY JOSEPH
R5 BY ADV. SRI.E.HARIDAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.02.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C).No.26732 OF 2020(N)
JUDGMENT
The petitioner, who is the stated to be the owner in possession of a property having an extent of 5.26 Ares in Sy.No.724 of Vagamon Village, which is covered by Ext.P1 sale deed, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent District Collector to entrust the enquiry regarding the validity or otherwise of the title of the petitioner over the property covered by Ext.P1 sale deed to a judicial officer to be decided by this Court. The petitioner has also sought for a writ of mandamus commanding the respondents not to disturb the peaceful possession and enjoyment of the property covered by Ext.P1 sale deed by the petitioner till the finality of the aforesaid enquiry.
2. On 03.12.2020, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions.
3. By the order dated 03.02.2021 in I.A.No.4 of 2021, the writ petition was amended by incorporating additional statement of facts, grounds and reliefs as sought for in that application. The additional relief sought for is a writ of -4- WP(C).No.26732 OF 2020(N) certiorari to quash Ext.P24 order dated 16.01.2021 issued by the 1st respondent District Collector cancelling 12 pattas referred to therein, which includes the patta bearing No.L.A.72/89, which is stated to be the basic title document of the petitioner's property.
4. On 05.02.2021, after hearing the learned counsel for the petitioner and also the learned Special Government Pleader at length, the matter was posted to 08.02.2021 at 1.45 p.m. The learned Special Government Pleader was directed to make available for the perusal of this Court, the files relating to Ext.P24 order dated 16.01.2021.
5. On 08.02.2021, the learned Special Government Pleader made available for the perusal of this Court the files relating to Ext.P24 order. During the course of arguments, the learned Special Government Pleader pointed out that as per Exts.P16 and P17, property tax has been collected from the petitioner under the category "non residential". The learned counsel for the petitioner sought time to get instructions. Thereafter, on the request of the learned counsel for the petitioner, the matter was adjourned to 09.02.2021, 12.02.2021 and further to this date.
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6. Heard the learned counsel for the petitioner, the learned Special Government Pleader for respondents 1 to 4 and also the learned counsel for the 5th respondent.
7. The petitioner has filed I.A.No.5 of 2021 seeking permission to withdraw this writ petition without prejudice to her right to challenge Ext.P24 order dated 16.01.2021 issued by the 1st respondent District Collector, by availing the statutory remedy of appeal under Rule 21 of the Kerala Land Assignment Rules, 1964, before the Land Revenue Commissioner.
In view of the aforesaid submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn; however without prejudice to the right of the petitioner to challenge Ext.P24 order of the 1 st respondent District Collector by availing statutory remedy of appeal under Rule 21 of the Kerala Land Assignment Rules, 1964.
Sd/-
ANIL K.NARENDRAN, JUDGE AV/23/02 -6- WP(C).No.26732 OF 2020(N) APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.
1391/2014 OF S.R.O PEERMADU EXHIBIT P2 TRUE COPY OF THE NON-ENCUMBRANCE CERTIFICATE EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE EXHIBIT P4 TRUE COPY OF THE BASIC TAX RECEIPT EVIDENCING THE MUTATION OF THE PROPERTY EXHIBIT P5 TRUE COPY OF THE LOCATION SKETCH EXHIBIT P6 TRUE COPY OF THE CERTIFICATE FROM THE TALUK OFFICE, PEERMADU EXHIBIT P7 TRUE COPY OF THE SALE DEED NO.
3032/2011 OF S.R.O PEERMADU EXHIBIT P8 TRUE COPY OF THE PAGES OF THE PETITIOENR'S BANK ACCOUNT EVIDENCING THE TRANSFER OF THE AMOUNT EXHIBIT P9 TRUE COPY OF THE BASIC TAX RECEIPT FOR THE YEARS 2014-15 EXHIBIT P10 TRUE COPY OF THE BASIC TAX RECEIPT FOR THE YEARS 2016-17 EXHIBIT P11 TRUE COPY OF THE BASIC TAX RECEIPT FOR THE YEARS 2017-18 EXHIBIT P12 TRUE COPY OF THE BASIC TAX RECEIPT FOR THE YEARS 2019-20 EXHIBIT P13 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 27-06-2016 -7- WP(C).No.26732 OF 2020(N) EXHIBIT P14 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE ELAPARA GRAMA PANCHAYAT IN RESPECT OF THE BUILDING BEARING NO. XVII/720 IN THE PROPERTY EXHIBIT P15 TRUE COPY OF THE PROPERTY TAX RECEIPT FOR THE FIRST HALF OF 2016-17 EXHIBIT P16 TRUE COPY OF THE PROPERTY TAX RECEIPT FOR THE SECOND HALF OF 2016-17 AND FIRST HALF OF 2017-18 EXHIBIT P17 TRUE COPY OF THE PROERTY TAX RECEIPT FOR THE SECOND HALF OF 2017-18 EXHIBIT P18 TRUE COPY OF THE NOTICE DATED 11-03- 2020 BEARING NO. J2/5978/19 ISSUED BY THE THIRD RESPONDENT EXHIBIT P19 TRUE COPY OF THE NOTICE DATED 14-10- 2020 ISSUED BY THE SECOND RESPONDENT EXHIBIT P20 TRUE COPY OF THE STATEMENT SENT BY THE PETITIONER TO THE FIRST RESPONDENT EXHIBIT P21 TRUE COPY OF THE ACKNOWLEDGMENT CARD TO EXT. P20 EXHIBIT P22 TRUE COPY OF THE LETTER BEARING NO.
C.12/3638/2019 ISSUED BY THE FIRST RESPONDENT TO THE THIRD RESPONDENT EXHIBIT P23 TRUE COPY OF THE LETTER BEARING NO.
J.2/5978/19 DATED 15-02-2020 ISSUED BY THE THIRD RESPONDENT TO THE FIRST RESPONDENT.
EXHIBIT P24 TRUE COPY OF THE PROCEEDING DATED 16.01.2021 BEARING NO.C12/3638/2019 ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P25 TRUE COPY OF THE LETTER DATED 02.11.2019 BEARING NO.J2/5978/19 BY THE TAHSILDAR, PEERUMEDU TO THE FIRST RESPONDENT