Kerala High Court
Kumaran .T vs State Of Kerala on 11 April, 2017
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY,THE 11TH DAY OF APRIL 2017/21ST CHAITHRA, 1939
WP(C).No. 11731 of 2017 (N)
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PETITIONER(S)/PETITIONERS:
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1. KUMARAN .T.
AGED 49 YEARS, S/O.SRI R THANKAYYAN,
RESIDING AT NIKHIL NIVAS, P O VAGAMON,
IDUKKI DISTRICT, PIN-685503.
2. NOUFAL
AGED 48 YEARS, S/O.MR.MUHAMMED, RESIDING AT
VELLAPPALLIPARAMBIL HOUSE, ERATTUPETTA P O,
KOTTAYAM DISTRICT, PIN-686121.
3. JASTINE JOSEPH
AGED 36 YEARS, S/O.MR JOSEPH,
RESIDING AT MULLOORKATH HOUSE, OTTALLOOR PO,
MUTTAM VILLAGE, IDUKKI DISTRICT, 685586
4. SURESH V
AGED 38 YEARS, S/O.MR VEERAYYA,
RESIDING AT VADAKKEPPURATT HOUSE, VAGAMON P O,
IDUKKI DISTRICT, PIN-685586.
BY ADVS.SRI.TPM.IBRAHIM KHAN (SR.)
SMT.P.J.RAZIA BEEVI
RESPONDENT(S)/RESPONDENTS:
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1. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. THE TAHSILDAR,
PEERUMED TALUK, PEERMEDE 685531.
3. THE VILLAGE OFFICER
VAGAMON VILLAGE,
VAGAMON P O, IDUKKI DISTRICT, PIN-685503.
WP(C).No. 11731 of 2017 (N)
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4. THE ELEPPARA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY ,
PANCHAYATH OFFICE, ELAPPARA P.O,
IDUKKI DISTRICT, PIN-685501.
BY SPL.GOVERNMENT PLEADER SRI. MOHAMMED ANSAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11-04-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 11731 of 2017 (N)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 APHOTOSTAT COPY OF THE REGISTERED SALE DEED NO 1087/2010
DTD 23/10/2003 OF S.R.O. PEERUMED RELATING TO THE FIRST
PETITIONER.
EXHIBIT P1(A) APHOTOSTAT COPY OF THE REGISTERED SALE DEED NO 36/1/2015
DTD 7/1/2015 OF S.R.O.PEERUMED RELATING TO THE FIRST
PETITIONER
EXHIBIT P1(B) A PHOTOSTAT COPY OF THE LAND TAX RECEIPT NO 4067296(BOOK
NO.K.40673) DTD 6/8/2015 ISSUED BY THE 3RD RESPONDENT TO THE
FIRST PETITIONER
EXHIBIT P1(C) A PHOTOSTAT COPY OF THE LAND TAX RECEIPT NO 4063816(BOOK
NO, K 40639) DTD 26/6/2015 ISSUED BY THE 3RD RESPONDENT TO
THE FIRST PETITIONER
EXHIBIT P2 APHOTOSTAT COPY OF THE REGISTERED SALE DEED NO 1143/2016/1
DTD 5/4/2016 OF S.R.O PEEERUMED RELATING TO THE 2ND
PETITIONER
EXHIBIT P2(A) APHOTOSTAT COPY OF THE LAND TAX RECEIPT NO M 4406069(BOOK
NO M-44061)DTD 23/9/2016 ISSUED BY THE 3RD RESPONDENT TO THE
2ND PETITIONER
EXHIBIT P3 APHOTOSTAT COPY OF THE REGISTRED SALE DEED NO 3024/04 DTD
29/9/2004 OF SRO PEERUMED RELATING TO THE 3RD PETITIONER
EXHIBIT P3(A) APHOTOSTAT COPY OF THE REGISTERED SALE DEED NO 906/09 DTD
26/3/2009 OF S.R.O.PEERUMED RELATING TO THE THIRD PETITIONER
EXHIBIT P3(B) A PHOTOSTAT COPY OF THE REGISTERED SALE DEED NO 907/09 DTD
26/3/2009 OF S.R.O.PEERUMED RELATING TO THE THIRD PETITIONER
EXHIBIT P3(C) A PHOTOSTAT COPY OF THE LAND TAX RECEIPT NO 852244(BOOK
NO 246) DTD 16/8/2007 ISSUED BY THE 3RD RESPONDENT TO THE
THIRD PETITIONER
EXHIBIT P3(D) A PHOTOSTAT COPY OF THE LAND TAX RECEIPT NO 3817745 (BOOK
NO.38178) DTD 1/1/2010 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4 APHOTOSTAT COPY OF THE REGISTERED SALE DEED NO 3556/10 DTD
9/9/2010 OF S.R.O.PEERUMED RELATING TO THE FOURTH PETITIONER
EXHIBIT P4(A) APHOTOSTAT COPY OF THE REGISTERED SALE DEED NO 3334/1/13
DTD 15/11/2013 OF S.R.O.PEERUMED RELATING TO THE FOURTH
PETITIONER.
EXHIBIT P4(B) A PHOTOSTAT COPY OF THE LAND TAX RECEIPT NO 2863080(BOOK
NO.28631) DTD 19/4/2011 ISSUED BY THE 4TH RESPONDENT.
WP(C).No. 11731 of 2017 (N)
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EXHIBIT P4(C) A PHOTOSTAT COPY OF THE LAND TAX RECEIPT NO 40380(BOOK NO
40390) DTD 10/6/2015 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P5 APHOTOSTAT COPY OF THE APPLICATION DTD NIL SUBMITTED BY
THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P6 APHOTOSTAT COPY OF THE LETTER NO 176/17 DTD 3/3/2017 ISSUED
BY THE THIRD RESPONDENT IN THE NAME OF THE FIRST PETITIONER
EXHIBIT P6(A) APHOTOSTAT COPY OF THE LETTER NO 177/17 DTD 3/3/2017 ISSUED
BY THE THIRD RESPONDENT IN THE NAME OF THE THIRD
PETITIONER
EXHIBIT P6(B) A PHOTOSTAT COPY OF THE LETTER NO 32/17 DTD 11/1/2017 ISSUED
BY THE THIRD RESPONDENT IN THE NAME OF THE THIRD
PETITIONER.
EXHIBIT P6(C) A PHOTOSTAT COPY OF THE LETTER NO 33/17 DTD 11/1/2017 ISSUED
BY THE THIRD RESPONDENT IN THE NAME OF THE THIRD
PETITIONER.
EXHIBIT P6(D) A PHOTOSTAT COPY OF THE LETTER NO 61/17 DTD 28/1/2017 ISSUED
BY THE THIRD RESPONDENT IN THE NAME OF THE THIRD
PETITIONER.
EXHIBIT P7 APHOTOSTAT COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT DTD 13/2/2015 IN WRIT PETITION(CIVIL) NO 4803 OF 2014(A)
EXHIBIT P8 APHOTOSTAT COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT DTD 19/11/2015 IN WRIT PETITIONE(CIVIL)NO 33235 OF 2015.
EXHIBIT P9 APHOTOSTAT COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT DTD 29/4/2016 IN WRIT PETITION(CIVIL)NO 16295 OF 2016(J)
EXHIBIT P10 A PHOTOSTAT COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT DTD 13/2/2017 IN WRIT PETITION (CIVIL) NO 1137 OF 2017(N)
EXHIBIT P11 A PHOTOSTAT COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT DTD 1/2/2017 IN WRIT PETITION (CIVIL) NO 3372 OF 2017(V).
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
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W.P.(C)No.11731 of 2017
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Dated this the 11th day of April, 2017
JUDGMENT
Petitioners have purchased certain immovable property situate in Vagamon Village, Peermade Taluk of Idukki District as per registered sale deed in the office of the Sub Registrar, Peermade during the year 2010, 2015, 2016, 2004, 2009 and 2013 respectively. According to the petitioners, after the purchase petitioners have submitted application for effecting transfer of registry. However, petitioners were informed by the respondents that, the Principal Secretary to Government had issued instructions not to effect mutation of the property which forms part of plantation and hence mutation of the petitioners property could not be effected so far. It is also contended that, the land tax is not accepted and the request made by the petitioners for issuance of possession certificate and location sketch are also declined . These are background facts projected by the petitioners to secure the relief sought for in the writ petition.
2. Heard learned counsel for the petitioners and learned special Government Pleader.
W.P.(C)No.11731 of 2017 2
3. The predominant contention advanced by learned senior counsel for the petitioners is that, the very same question was considered by this Court in W.P.(C)No.31477/2011 and connected cases and rendered a judgment on 13.2.2015, whereby directions were issued to effect mutation of the property, accept tax and issue location sketch and possession certificate. However subject to any enquiry conducted under the provisions of Land Reforms Act. The judgment was followed by this Court in various other judgments, evident from Exts.P8 to P11 series.
4. Therefore, taking note of the respective submissions made across the Bar and realising that in similar circumstances this Court had directed issuance of the revenue certificate as well as acceptance of tax, I think the same parameter shall be adopted in the case of the petitioners also.
5. Therefore, there will be a direction to the competent among the respondents to effect mutation, after proving sufficient opportunity of hearing to the petitioners and any other interested or affected persons, and if mutation is effected, tax shall be accepted as per the provisions of Land Tax Act, 1961.
6. There will also be a direction to the respondents to issue possession certificate and location sketch. However, all those acts W.P.(C)No.11731 of 2017 3 will be subject to any enquiry conducted as per the provisions of the Land Reforms Act. A finality shall be attained to the direction within a month from the date of receipt of a copy of this judgment.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE dlk/11/4/