Kerala High Court
Yahu Haji vs The Tahsildar on 3 September, 2021
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
WP(C) NO. 15812 OF 2021
PETITIONER:
YAHU HAJI
AGED 77 YEARS
S/O. VEERANKUTTY HAJI, ATHIKKAPARAMBIL HOUSE,
DHAMODHARANPADI, PO KALPAKANCHERY, MALAPPURAM DISTRICT-
676551.
BY ADVS.
JAMSHEED HAFIZ
K.K.NESNA
RESPONDENTS:
1 THE TAHSILDAR,
TIRUR, TALUK OFFICE, TIRUR, MALAPPURAM DISTRICT-676101.
2 THE VILLAGE OFFICER, KURUMBATHUR,
PO PUNNATHALA, TIRUR, MALAPPURAM DISTRICT-676552.
SRI ASHWIN SETHUMADHAVAN- SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15812 OF 2021
2
JUDGMENT
The petitioner has approached this Court seeking a direction to respondents 1 and 2 to permit him to pay the land tax with respect to his property, comprised of in Resurvey No.179/1-A of Kurumbathur Village, Malappuram; and says that he has preferred Exts.P5 and P6 representations for this purpose. He alleges that, neither have the competent respondents considered Exts.P5 and P6, nor have they allowed him to remit the tax; thus constraining him to approach this Court through this writ petition. The petitioner, therefore, reiteratingly prays that the reliefs sought for in this writ petition be allowed.
2. The afore submissions made on behalf of the petitioner by Sri.Jamsheed Hafiz, were opposed by the learned Senior Government Pleader - Sri.Ashwin Sethumadhavan, saying that, on an inspection by the jurisdictional Surveyor, it has been found that petitioner has no property in Resurvey No.179/1-A of Kurmbathur Village, though he has certain properties in Resurvey WP(C) NO. 15812 OF 2021 3 No.179/1-B of the said Village. He submitted that, as far as the properties in Resurvey No.179/1-B are concerned, land tax has already been accepted. He submitted that, therefore, the petitioner cannot seek any further action from the part of the respondents with respect to the property which he claims under Resurvey No.179/1-A of Kurumbathur Village; and, thus prayed that this writ petition be dismissed.
3. In reply, Sri.Jamsheed Hafiz - learned counsel for the petitioner, submitted that the afore stand of the respondents are egregiously improper, since, as is clear from Ext.P4 decree - based on which his client obtained title to the property - the extent is covered under both Resurvey Nos.179/1-A and 179/1-B of Kurumbathur Village. He added that this is further substantiated by Ext.P3 report of the Taluk Surveyor, which limpidly establishes that his client's property extents even to Resurvey No.179/1-A. He thus reiteritingly prayed that this writ petition be allowed.
4. I find substantial force in the submissions of WP(C) NO. 15812 OF 2021 4 Sri.Jamsheed Hafiz because, prima facie, going by Exts.P3 and P4, the petitioner certainly has property in Resurvey No.179/1-B of Kurumbathur Village. However, this is a matter which will require to be verified by the competent Authorities, after proper verification; but the respondents cannot refuse to consider Exts.P5 and P6 on the assumption that petitioner does not have any property in the said Resurvey number.
In the afore circumstances, this writ petition is allowed and the 1st respondent is directed to take up Exts.P5 and P6 representations of the petitioner and dispose of the same, after affording him an opportunity of being heard; thus culminating in an appropriate order thereon, specifically adverting to Exts.P3 and P4, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS/03/09/2021 WP(C) NO. 15812 OF 2021 5 APPENDIX OF WP(C) 15812/2021 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE ASSIGNMENT DEED NO.244/61 DATED 16.10.1961.
Exhibit P2 A TRUE COPY OF THE LATEST LAND TAX RECEIPT OF THE PETITIONER'S PROPERTY IN RESURVEY 1791-B DATED 17.12.2020.
Exhibit P3 A TRUE COPY OF THE REPORT VIDE C3.4945/2019 DATED 1.7.2019 SUBMITTED BY THE TALUK SURVEYOR, TIRUR BEFORE THE 1ST RESPONDENT. Exhibit P4 A TRUE COPY OF THE JUDGMENT AND DECREE OF THE MUNSIFF COURT, TIRUR IN OS. NO.354/2019 DATED 13.11.2020.
Exhibit P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.7.2021 ALONG WITH POSTAL RECEIPT DATED 22.7.2021 WITH ACKNOWLEDGMENT DATED 23.7.2021.
Exhibit P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.7.2021 ALONG WITH POSTAL RECEIPT DATED 22.7.2021.