Kerala High Court
Kalyani vs District Collector on 23 August, 2016
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 14TH DAY OF DECEMBER 2017/23RD AGRAHAYANA, 1939
WP(C).No. 26943 of 2016 (P)
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PETITIONER(S):
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KALYANI,
W/O. SHIVAPPA, D/O. JAIRA BELCHAPPADA @ JAIRA MAISTRY,
AGED 86,KANDUKA,
NEAR D.C.OFFICE, MANGALORE-575 001,
DAKSHINA KANNADA DISTRICT, KARNATAKA STATE.
BY ADVS.SRI.R.LAKSHMI NARAYAN
SMT.R.RANJINI
SRI.M.ASHOK KINI
RESPONDENT(S):
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1. DISTRICT COLLECTOR,
VIDYA NAGAR P.O., KASARAGOD DISTRICT-671 121.
2. TAHSILDAR ,
MANJESHWARAM, UPPALA POST, KASARAGOD-671 322.
3. VILLAGE OFFICER ,
UPPALA, MANJESHWAR TALUK, KASARAGOD DISTRICT-671 321.
*ADDL.R4 TO R9 IMPLEADED
Addl.R4. GIRIJA,
W/O BABU, DOOR NO.238/XVII MANGALPADY, VOLACHAL,
BANDYODU.
Addl. R5. CHANDRAVATHY,
W/O BATYA, DOOR NO.236/XVII/MGP VOLACHAL,
BANDYODU.
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WP(C).No. 26943 of 2016 (P)
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Addl. R6. LAXMI ,
W/O NARAYANA, DOOR NO.235/XVII/MGP, VOLACHAL.
Addl. R7. SAVITHRI,
W/O PADMANABHA, DOOR NO.234/XVII/MGP,
VOLACHAL HOUSE, BANDYODU.
Addl.R8. SUSHEELA NARAYANA,
W/O DEVADAS, DOOR NO.234/XVII/MGP, VOLACHAL HOUSE,
BANDYODU.
Addl.R9. KALAVATHY,
W/O SUDHAKARA , DOOR NO.NIL, VOLACHAL, BANDYODU.
*ADDL.R4 TO R9 ARE SUO MOTU IMPLEADED AS PER ORDER
DATED 23.08.2016.
R1 TO R3 BY GOVERNMENT PLEADER SMT.VINITHA B.
R4 TO R8 BY ADVS. SRI.K.I.MAYANKUTTY MATHER
SRI.P.RAHUL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14-12-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
TS
WP(C).No. 26943 of 2016 (P)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 THE PHOTOCOPY OF EXTRACT OF PATTA NO.170 (KANNADA).
EXHIBIT P1(A)THE PHOTOCOPY OF EXTRACT OF PATTA NO.170 (MALAYALAM).
EXHIBIT P2 THE PHOTOCOPY OF LETTER BEARING NO.957/2015
DATED 22.5.2015.
EXHIBIT P3 THE PHOTOCOPY OF GENUINENESS CERTIFICATE OF PATTA
AND THE LAND AS PER REF.NO.D3-16688/2015 K.DIS.
DATED 6.1.2016.
EXHIBIT P4 THE PHOTOCOPY OF APPLICATION DATED 5.1.2016.
EXHIBIT P5 THE PHOTOCOPY OF ENQUIRY REPORT VIDE REF.NO.DIS 2/2016
DATED 7.1.2015.
EXHIBIT P6 THE PHOTOCOPY OF NOTICE DATED 25.1.2016.
EXHIBIT P7 THE PHOTOCOPY OF FINAL ORDER DATED 16.6.2016.
EXHIBIT P8:- THE PHOTOCOPY OF THE SETTLEMENT DEED BEARING
NO.698/1930 OF SUB REGISTRAR'S OFFICE,MANJESHWARAM.
EXHIBIT P9:- THE PHOTOCOPY OF TRANSLATION OF EXT.P8 TO MALAYALAM.
RESPONDENT(S)' EXHIBITS
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EXHIBIT R4(A):-TRUE COPY OF DOCUMENT NO.414/1925 OF MANJESWAR SUB
REGISTRY OFFICE DATED 26.5.1925.
EXHIBIT R4(B):- TRUE MALAYALAM TRANSLATION OF EXT.R4(A)
DATED 26.5.1925.
EXHIBIT R4(C):- TRUE COPY OF THE LAND ASSIGNMENT PATTA
DATED 19.6.1926.
EXHIBIT R4(D):- TRUE ENGLISH TRANSLATION OF EXT.R4(C) DATED 19.6.1926.
EXHIBIT R4(E);- TRUE COPY OF THE LATEST PROPERTY
TAX RECEIPT (2015-2016) IN RESPECT OF THE PROPERTY
COMPRISED IN RE-SY.261/4 OF ,MANGALPADY VILLAGE
DATED 27.4.2015.
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WP(C).No. 26943 of 2016 (P)
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EXHIBIT R4(F):- TRUE COPY OF THE LATEST PROPERTY
TAX RECEIPT (2015-2016) IN RESPECT OF THE PROPERTY
COMPRISED IN RE-SY.261/4 OF MANGALPADY VILLAGE
DATED 27.4.2015.
EXHIBIT R4(F):- TRUE COPY OF THE LATEST PROPERTY
TAX RECEIPT (2015-2016)IN RESPECT OF THE PROPERTY
COMPRISED IN RE-SY.261/4 OF ,MANGALPADY VILLAGE
DATED 18.5.2015.
EXHIBIT R4(G):- TRUE COPY OF THE FAMILY TREE DRAWN FOR
DEMONSTRATION DATED NIL.
/TRUE COPY/
PS TO JUDGE
TS
SHAJI P. CHALY, J.
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W.P.(C) No.26943 of 2016
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Dated this the 14th day of December, 2017
JUDGMENT
This writ petition is filed seeking to quash Ext.P7 order passed by the 2nd respondent, Tahsildar, Manjeshwaram, declining to accept basic tax from the petitioner, and for other consequential reliefs. Material facts for the disposal of the writ petition are as follows:
2. Petitioner is the sole legal heir of her father Late Jaira Belchappada, who was the absolute owner in possession of properties having an extent of 3.14 acres and 1.14 acres comprised in Re-survey Nos.261/4 and 261/5 respectively, in Hosa full Sub Division in Mangalpady Village. Petitioner preferred Exts.P4 and P7 applications before the 2nd respondent requesting to pass orders for remittance of basic tax with respect to the above mentioned properties and also seeking certified copy of the 10-I extract of Patta No.170 of Mangalpady Village. The 2nd respondent issued Ext.P6 notice to all parties, and after hearing, has passed Ext.P7 order, declining the relief sought for by the petitioner to accept the basic tax. It is thus seeking to quash Ext.P7 impugned order, W.P.(C) No.26943 of 2016 2 this writ petition is filed.
3. A counter affidavit is filed by respondents 4 to 8, refuting the allegations and claims and demands raised by the petitioner. Among other contentions, it is stated that, petitioner's father, Jaira Belichapada has no right over the said property. The subject property along with other items originally belonged to Chiriyanda Belichapada on Darghas right and he had executed a settlement deed on 26.05.1925 bearing registration No.414/1925 of Manjeshwar Sub Registry, evident from Ext.R4(a) document in Kannada language and the translated copy as per Ext.R4(b). The property covered under the said document are 1.63 acres in Sy.No.112/1, 1.4 acres in Sy.No.112/2, 67 cents in Sy.No.138 and 1.4 acres in Sy.No.139/3 of Mangalpady Village. As per Ext.R4(a) document, Chiriyanda Belichapada settled the property in favour of his sister's son named Dhooma Belichapada and another sister's son, Kunhi Belichapada. It is also stated that, it was specifically mentioned that on their death, the property shall devolve only to the 'thavazhi' members, and further that the property could not devolve on any other legal heirs, and that the successors upon whom the property shall devolve W.P.(C) No.26943 of 2016 3 should not alienate the same to third parties. According to the respondents, they are the successors in female line. Dhooma Belichapada and Kunhi Belichapada obtained the said property by way of land assignment in L.A.No.170 dated 19.06.1926, evident from Exts.R4(c) and R4(d) translation.
4. According to the respondents, due to old age, copy of the land assignment Patta is not legible. It is also stated that the Patta by itself will not confer any title, and therefore, Ext.P1 produced by the petitioner cannot be taken as a deed of title. It is further stated that, Ext.P1 is a concocted document to the extent it contains the name of b