Kerala High Court
C.M.Mustaffa vs Additional Tahsildar on 5 November, 2020
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 05TH DAY OF NOVEMBER 2020 / 14TH KARTHIKA, 1942
WP(C).No.19850 OF 2020(E)
PETITIONER/S:
C.M.MUSTAFFA,
AGED 56 YEARS,
CHUNDAKADAN HOUSE, PONJASSERY P.O., ERNAKULAM
DISTRICT-683 547.
BY ADVS.
SRI.SHAJI THOMAS
SRI.BINU PAUL
SRI.JEN JAISON
RESPONDENT/S:
1 ADDITIONAL TAHSILDAR, KOTHAMANGALAM TALUK,
MINI CIVIL STATION, KOTHAMANGALAM P.O., ERNAKULAM
DISTRICT-686 691.
2 VILLAGE OFFICER,
KOTTAPADY VILLAGE, ERNAKULAM DISTRICT-686 692.
3 SUB REGISTRAR,
KOTHAMANGALAM, ERNAKULAM DISTRICT-686 691.
SRI BIMAL K NATH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.19850 OF 2020 2
JUDGMENT
This writ petition is filed seeking a direction to the respondents to issue Record of Rights to the petitioner in respect of the properties owned by him and covered under Ext.P1 tax receipt or in the alternative, for a direction to the 3rd respondent to register the sale deeds to be executed by the petitioner without insisting for the production of RoR certificate.
2. The petitioner contends that he is the absolute owner in title and possession of property having an extent of 1 hectares 97 Ares and 91 square meters comprised in various survey numbers at Kottapady Village. Ext.P1 is the tax receipt evidencing the payment of tax in respect of the property owned by him. He was issued with a permit by the District Geologist for quarrying granite. Alleging violation of the quarrying permit and for quarrying outside the area, proceedings were initiated against the petitioner. It is contended that the matter reached the Government and by order dated 11.4.2018 a joint inspection was ordered by the officers of the Revenue, Forest and Geology Departments. He contends that the joint inspection as ordered has not taken place. Later, when crimes were registered against the petitioner by the Forest Department, he approached WP(C).No.19850 OF 2020 3 this Court and filed a writ petition seeking a direction to expedite the joint inspection as ordered by the Government by Ext.P3 order. This Court, by Ext.P4 judgment dated 09.01.2019, directed the District Collector, Ernakulam to ensure that the entire process of joint inspection was carried out with notice to the petitioner and to conclude the same within a period of five months. According to the petitioner, though more than two years have elapsed, no notice has been issued to him as ordered by this Court. He contends that he is now in dire financial straits and intends to dispose of the property owned by him. In the said circumstances, he approached the revenue authorities and applied for issuance of Record of Rights (RoR) certificate from the Village Officer. His grievance is that the 2nd respondent refused to issue Record of Rights on the ground that the District Geologist, Ernakulam had issued a demand notice claiming certain amounts from the petitioner herein. Being aggrieved, he has approached this court seeking the following reliefs:
(i) a writ of mandamus or any other writ, order or direction commanding respondents 1 and 2 to issue the Record of Rights (RoR) to the petitioner in respect of his properties lying in Survey Numbers 307/1A-2-13, 307/1A-22-14, 320/1A-92-18, 320/1A-86-
12-2, 320/1A-69-T-4, 320/1A-10-26-2, 320/1A-10-26, 307/1A-22- 14-2, 320/1A-80-7, 320/1A-81-8, 320/1A-1-2 in Kottapady Village, Kothamangalam Taluk, Ernakulam District (properties covered by Ext.P1 land tax receipts), to the petitioner within a time limit fixed WP(C).No.19850 OF 2020 4 by this Hon'ble Court.
(ii) a writ of mandamus or any other writ, order or direction commanding the 3rd respondent to register the sale deeds to be executed by the petitioner without insisting for the production of RoR certificate from the Village Officer, Kottapady.
3. I have heard Sri. Shaji Thomas, the learned counsel appearing for the petitioner and Sri. Bimal K. Nath, the learned Senior Government Pleader.
4. Sri. Shaji Thomas, the learned counsel, submits that what is sought to be assigned is that an item of property in respect of which the petitioner has absolute title and enjoyment. There are no interdictory orders restricting the alienation of the property. He would rely on the judgments of this Court in Synudheen v. State of Kerala [2013 (1) KLT 221] and it was argued that the 3rd respondent cannot insist on the production of the Record of Rights certificate as a pre-condition for registering the document. According to the learned counsel, the only prayer of the petitioner is to direct the 3rd respondent not to insist for the production of RoR certificate as has been held by this Court.
5. This Court by order dated 12.10.2020 and 22.10.2020 had directed the learned Government Pleader to ascertain the present status of the joint inspection. It is submitted that the same has not been concluded.
6. I have considered the submissions advanced.
WP(C).No.19850 OF 2020 5
7. This Court in Synudheen (supra ) and later in Jacob P.C. v. Village Officer, Ernakulam and Another [2020 (4) KHC 167] have held that production of RoR certificate is only optional and cannot be made mandatory and the registration officials concerned will not have jurisdiction to refuse registration on the mere ground that the party who presents the document has not produced the RoR certificate in respect of the property concerned.
In that view of the matter, this petition is disposed of directing the 3rd respondent not to insist on production of Record of Rights (RoR) certificate as a precondition for registering the assignment deed presented before the said authority by the petitioner.
SD/-
RAJA VIJAYARAGHAVAN V JUDGE NS WP(C).No.19850 OF 2020 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPIES OF LATEST LAND TAX RECEIPTS DATED 13.08.2020 ISSUED BY THE VILLAGE OFFICER, KOTTAPADY VILLAGE.
EXHIBIT P2 TRUE PHOTOCOPY OF THE PERMIT DATED 10.02.2014 ISSUED BY THE DISTRICT GEOLOGIST, ERNAKULAM.
EXHIBIT P3 TRUE PHOTOCOPY OF THE ORDER DATED
11.04.2018 ISSUED BY THE DEPUTY SECRETARY
TO GOVERNMENT (APPELLATE AUTHORITY),
DEPARTMENT OF INDUSTRIES.
EXHIBIT P4 TRUE PHOTOCOPY OF THE JUDGMENT DATED
09.01.2019 IN WPC NO.681/2019 OF THIS
HON'BLE COURT.
EXHIBIT P5 TRUE PHOTOCOPY OF THE ACKNOWLEDGMENT
LETTER DATED 13.08.2020 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P6 TRUE PHOTOCOPY OF THE
PETITION/REPRESENTATION DATED 07.09.2020 SUBMITTED BY THE PETITIONER (WITHOUT ITS ENCLOSURES).
EXHIBIT P7 TRUE PHOTOCOPY OF THE JUDGMENT DATED 04.01.2019 IN WPC NO.125/2019 OF THIS HON'BLE COURT.
RESPONDENT'S/S EXHIBITS:
NIL //TRUE COPY// P.A.TO JUDGE