Kerala High Court
Ramarajan vs Tahsildar on 5 March, 2019
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY ,THE 05TH DAY OF MARCH 2019 / 14TH PHALGUNA, 1940
WP(C).No. 35127 of 2016
PETITIONER:
RAMARAJAN
AGED 56 YEARS, S/O. VELU, 5/624, KANNANCHERY,
KODUNGALLUR, LOKAMALESWARAM-680 664.
BY ADVS.
SMT.JEENA JOSEPH
SRI.G.D.PANICKER
RESPONDENTS:
1 TAHSILDAR
CHITTUR, TALUK OFFICE, PALAKKAD-678 101.
2 THE VILLAGE OFFICER
PUDUNAGARAM VILLAGE, PUDUNAGARAM, PALAKKAD DISTRICT-
678 503.
BY ADV. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.03.2019, ALONG WITH WP(C).26456/2016, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
[ WP(C) 35127/2016 ,WP(C).26456/2016 ]
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY ,THE 05TH DAY OF MARCH 2019 / 14TH PHALGUNA, 1940
WP(C).No. 26456 of 2016
PETITIONER:
RAMARAJAN
AGED 56 YEARS
S/O.VELU, 5/624, KANNANCHERY, KODUNGALLUR,
LOKAMALESWARAM - 680 664.
BY ADVS.
SMT.JEENA JOSEPH
SRI.G.D.PANICKER
RESPONDENTS:
1 TAHASILDAR
CHITTUR, TALUK OFFICE, CHITTUR PALAKKAD, PIN: 678
101
2 THE VILLAGE OFFICER
PUDUNAGARAM VILLAGE, PUDUNAGARAM, PALAKKAD DIST.,
PIN: 678 503.
3 THE DISTRICT COLLECTOR
PALAKKAD, PIN: 678 001.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.03.2019, ALONG WITH WP(C).35127/2016, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
[ WP(C) 35127/2016 ,WP(C).26456/2016 ]
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JUDGMENT
[ WP(C) 35127/2016 ,WP(C).26456/2016 ] The petitioner in these writ petitions is one and the same. He approached this Court as revenue authority refused to accept basic tax and also to issue possession certificate. Pending writ petition, basic tax has been accepted. The grievance remains is in regard to the possession.
2. The learned Government Pleader submits that the revenue authority had no objection to issue possession certificate in the light of judgment of this Court in Nevin Raju Vs. S. Bsheer and Others [2015 KHC 3676].
Therefore, the respondents are directed to issue possession certificate accordingly. Needful shall be done within a period of two weeks.
The writ petition is disposed of as above.
SAS/05/03/2019 Sd/-
//TRUE COPY//
A.MUHAMED MUSTAQUE
P.A.TO JUDGE
JUDGE
[ WP(C) 35127/2016 ,WP(C).26456/2016 ] 4 APPENDIX OF WP(C) 35127/2016 PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE PHOTOCOPY OF THE SALE DEED DATED 1.12.2012.
EXHIBIT P2 A TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 1.1.2014. EXHIBIT P3 A TRUE PHOTOCOPY OF THE JUDGMENT IN O.S. NO.198/2015 DATED 8/6/2017 OF THE PRINCIPAL SUBORDINATE JUDGE, PALAKKAD EXHIBIT P4 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 16.08.2018 IN O.S. NO.130/2007 OF THE PRINCIPAL SUBORDINATE JUDGE (ADDL.), OF PALAKKAD.
EXHIBIT P5 A TRUE PHOTOCOPY OF THE REPORT OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 4/12/2018 EXHIBIT P6 A TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE VILLAGE OFFICE DATED 11.12.2018 EXHIBIT P7 A TRUE PHOTOCOPY OF THE APPLICATION FILED BY THE PETITIONER ON 11.12.2018 [ WP(C) 35127/2016 ,WP(C).26456/2016 ] 5 APPENDIX OF WP(C) 26456/2016 EXHIBIT P1 A TRUE PHOTOCOPY OF THE SALE DEED NO.750/1/15 DATED 7/4/2015 EXHIBIT P2 A TRUE PHOTOCOPY OF THE PRIOR TITLE DEED OF THE VENDOR EXECUTED IN THE YEAR 1974. EXHIBIT P3 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 15/10/2015 IN WPC NO.26566/2015 OF THE HONOURABLE HIGH COURT OF KERALA.