Kerala High Court
Thrivikraman Namboodiri vs State Of Kerala on 12 July, 2012
Author: S.Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
THURSDAY, THE 12TH DAY OF JULY 2012/21ST ASHADHA 1934
WP(C).No. 16555 of 2007 (U)
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PETITIONER(S):
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THRIVIKRAMAN NAMBOODIRI, AGED 58 YEARS,
S/O.SUBRAMANIAN NAMBOODIRI, ANIMANGALATH, MANA
MADAYIKONAM VILLAGE, THRISSUR DT.
BY ADVS.SRI.V.M.KRISHNAKUMAR
SMT.P.R.REENA
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY
SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT
THIRUVANANTHAPURAM.
2. DISTRICT COLLECTOR, THRISSUR.
3. ADDITIONAL TAHSILDAR (LR), THRISSUR.
4. ADDITIONAL TAHASILDAR, (LR),
MUKUNDAPURAM TALUK, IRINJALAKUDA.
5. VILLAGE OFFICER,
MADAYIKONAM VILLAGE, THRISSUR DT.
BY GOVERNMENT PLEADER SRI.VIJULAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-
07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jm
WPC NO. 16555 OF 2007
APPENDIX
PETITIONERS EXHIBITS:
P1: COPY OF THE RELEVENT PAGES OF PARTITION DEED DT. 6.11.1968
P2: COPY OF BASIC TAX RECEIPT ISSUED TO THE PETITIONER'S MOTHER
PARVATHY ANTHARJANAM ON 18.12.1989
P2(A):COPY OF BASIC TAX RECEIPT ISSUED TOT HE PETITIONER'S MOTHER
PARVATHY ANTHARJANAM ON 11.11.1993
P2(B):COPY OF BASIC TAX RECEIPT ISSUED TO THE PETITIONER'S MOTHER
PARVATHY ANTHARJANAM ON 21.11.2005
P3: TRUE COPY OF THE LETTER DT. 24.4.2007 OF THE DISTRICT COLLECTOR.
P4: COPY OF THE LETTER DT. 24.4.07 ISSUED BY THE DISTRICT COLLECTOR.
P5: COPY OF THE LETTER DT. 7.7.07 OF THE DISTRICT COLLECTOR,
THRISSUR.
RESPONDENT'S EXHIBITS: NIL
\\ TRUE COPY\\
PA TO JUDGE
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S.SIRI JAGAN,J.
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W.P.(C) No. 16555 OF 2007
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Dated this the 12th day of July, 2012.
J U D G M E N T
The petitioner claims to be the successor in interest of a family which is in possession of certain service enam land. The tax in respect of the property was being accepted from the petitioner's family. But From 2006 onwards, the Village Officer refused to accept land tax for the property covered by Exts.P1 and P2 which are the original title deeds of the property in favour of the petitioner's family, on the ground that the property is a service enam land and there is a circular issued by the District Collector stating that land tax from the service enam lands can be received only after purchase certificate has been issued by the concerned Tahsildar under the Service Enam Land Act 1981. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs.
"I. Issue a writ in the nature of mandamus W.P.(C) No.16555 OF 2007 2 commanding the 5th respondent to accept the basic tax of the land of the petitioner's family for the year 2006- 07 and 2007-08 as was done previously in Ext.P2 series.
II. Issue a writ in the nature of mandamus commanding the 3rd respondent to issue purchase certificate to the land of the petitioner's family covered by Ext.P1 and P2 series under the Kerala Service Enam Lands (Vesting and enfranchisement) Act 1981."
2. No counter affidavit has been filed in this writ petition.
3. When the matter was taken up for hearing today, the learned Government Pleader produces before me, instructions received from the 4th respondent on the issue involved in this writ petition. The same reads thus:
" 27.11.07- E3 651/1999-
. , , ,
.
( )
.
.
GO (MS) 13/2007/RD dt.11.01.2007- .W.P.(C) No.16555 OF 2007 3
21.02.2008- LB(B) 8.13214/05 .
.
650/1-- 0.6963.Hr. ,
0.4047 ,
Hr. 650/3- 0.3804
Hr.
646/3- 0.3927Hr., 295/9- 2.7489Hr. .
. 2011-12 .
.
, .
.
. "
4. In view of the same, it is quite clear that the respondents accept the fact that the petitioner's rights under the Service Enam Lands Act are liable to be protected. Now that the 4th respondent admits that tax is being accepted from the petitioner in respect of the property, naturally it can be presumed W.P.(C) No.16555 OF 2007 4 that the petitioner is entitled to get purchase certificate as well.
5. In the above circumstances, this writ petition is disposed of with a direction to the respondents to see that the purchase certificate under Service Enam Act 1981 is issued to the petitioner as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment, if not already issued.
S. SIRI JAGAN JUDGE sd