Kerala High Court
Sajan George vs State Of Kerala on 22 February, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY ,THE 22ND DAY OF FEBRUARY 2019 / 3RD PHALGUNA, 1940
WP(C).No. 5404 of 2019
PETITIONERS:
1 SAJAN GEORGE
AGED 59 YEARS
S/O. KOSHY GEORGE, USHASIL, KATTAPPANA VILLAGE,
IDUKKI TALUK
2 SARAKUTTY GEORGE
AGED 82 YEARS
W/O. KOSHY GEORGE, USHASIL, KATTAPPANA VILLAGE,
IDUKKI TALUK
BY ADV. SRI.BIJU .C. ABRAHAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 THE STATE SPECIAL OFFICER AND COLLECTOR,
GOVERNMENT LAND RESUMPTION,
THIRUVANANTHAPURAM-695 001
3 THE DISTRICT COLLECTOR
IDUKKI DISTRICT, COLLECTORATE, IDUKKI-685 603
4 THE TAHSILDAR
PEERMADE TALUK, IDUKKI DISTRICT-685 538
5 THE VILLAGE OFFICER,
UPPUTHARA VILLAGE, PEERMADE TALUK,
IDUKKI DISTRICT-685 505
6 UPPUTHARA PANCHAYAT
UPPUTHARA , REPRESENTED BY ITS SECRETARY-685 505
SMT.PRIYA SHANAVAS, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2019, ALONG WITH WP(C).5429/2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C)Nos.5404 & 5429 of 2019
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY ,THE 22ND DAY OF FEBRUARY 2019 / 3RD PHALGUNA, 1940
WP(C).No. 5429 of 2019
PETITIONERS:
1 RAJAN
AGED 49 YEARS
S/O.ARJUNAN, 12/132, KUMARANKUDI HOUSE, THAVARANA,
UPPUTHARA P.O., IDUKKI - 685 505.
2 VINCENT @ VILSON
AGED 47 YEARS
S/O.ARJUNAN, 12/132, KUMARANKUDI HOUSE, THAVARANA,
UPPUTHARA P.O., IDUKKI - 685 505.
BY ADV. SRI.K.A.MANZOOR ALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE VILLAGE OFFICER
UPPUTHARA VILLAGE OFFICE, UPPUTHARA,
IDUKKI - 685 505.
3 THE TAHASILDAR
PEERUMEDU TALUK OFFICE, PEERUMEDU P.O.,
IDUKKI DISTRICT, PIN - 695 504.
SMT.PRIYA SHANAVAS, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2019, ALONG WITH WP(C).5404/2019, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P(C)Nos.5404 & 5429 of 2019
3
ALEXANDER THOMAS, J.
===========================
W.P(C)Nos.5404 & 5429 of 2019
===========================
Dated this the 22nd day of February, 2019
JUDGMENT
The prayers in the above W.P(C)No.5404/2019 are as follows:
"i) To call for the records leading to Ext.P3 and quash Ext.P3.
ii) To declare that the acceptance of land tax provisionally with condition is illegal and unsustainable and the Village Officer has no authority to impose any condition on the basic tax receipt;
iii) To issue a writ of mandamus or other appropriate writ or order directing the 5th respondent to remove the endorsement "Basic Tax accepted provisionally subjected to Hon'ble Court Case No.WP(C)40002/16" from Ext.P2 and to issue regular fresh tax receipts in lieu of Ext.P2;
iv) To issue a writ of mandamus or other appropriate writ or order directing the 5th respondent to issue possession certificate, location sketch, ROR certificate etc. village records in respect of the petitioner's properties covered by Ext.P1 & P1(a); and
v) Grant such other reliefs as this Hon'ble Court may deem just and proper in the interest of justice, including costs."
2. The prayers in the above W.P(C)No.5429/2019 are as follows:
"(i) Issue a writ of mandamus to quash the Ext.P7 and P8 letters issued by the 2nd respondent in the interest of justice.
(ii) Issue a writ of mandamus directing the 2nd respondents to issue the revenue certificates like possession certificate, location sketch, Nijasthithi Certificate and ROR certificate to the petitioners and also direct the 2 nd respondent to accept the land tax relating to the properties of the petitioners covered by Ext.P3 and P4 forthwith in the W.P(C)Nos.5404 & 5429 of 2019 4 interest of justice.
(iii) Issue any other writ or order as this Hon'ble Court may deem fit in the interest of justice."
3. Heard Sri.Biju C.Abraham, learned counsel appearing for the petitioner in W.P(C)No.5404/2019, Sri.K.A.Manzoor Ali, learned counsel appearing for the petitioner in W.P(C)No.5429/2019 and Smt.Priya Shanavas, learned Government Pleader appearing for the official respondents 1 to 5 in W.P(C)No.5404/2019 and for all the official respondents in W.P(C)No.5429/2019. In the nature of the orders proposed to be passed in this Writ Petition, notice to contesting respondent No.6 (Panchayath) in W.P(C)No.5404/2019 will stand dispensed with.
4. In both these cases, the petitioners are aggrieved by the refusal on the part of the respondent-Village Officer concerned in issuing revenue certificates like Possession Certificate, Location Sketch, Nijasthithi Certificate, ROR Certificate, etc., on the ground that the subject properties are connected to the properties which have been subject to the proceedings of the Kerala Land Conservancy Act, appointing a special officer in terms of Ext.P-4 proceedings dated 12.08.2016 as produced in W.P(C)No.5404/2019. It is also common ground that now the aforesaid Ext.P-4 proceedings dated 12.08.2016 as produced in W.P(C)No.5404/2019 has already been interdicted by W.P(C)Nos.5404 & 5429 of 2019 5 this Court in the judgment dated 31.01.2019 rendered in W.P(C)No.1783/2019 and the judgment dated 07.11.2018 rendered in W.P(C)No.40002/2016 and connected cases (Ext.P-6 in W.P(C) No.5404/2019 & Ext.P-9 in W.P(C)No.5429/2019). This Court has already passed a series of judgments in view of the said judgment of this Court in W.P(C)No.40002/2016 & connected cases, in cases as in W.P(C)No.3764/2019, etc. and various other cases. The judgment dated 08.02.2019 rendered by this Court in W.P(C)No.3764/2019, reads as follows:
"The prayers in the above Writ Petition (Civil) are as follows:
"i) To issue a writ of certiorari or other appropriate writ or order quashing Ext.P3;
ii) To issue a writ of mandamus or other appropriate writ or order directing the 5th respondent to remove the endorsements made on Exts.P1(a), P1(c) and P2(a) and issue fresh tax receipt, possession certificate, location sketch, ROR certificate etc. village records in respect of the petitioners' properties covered by Exts.P1, P1(b) and P2;
iii) Grant such other reliefs as this Hon'ble Court may deem just and proper in the interest of justice, including costs."
2. Heard Sri.Biju C.Abraham, learned counsel appearing for the petitioners and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents 1 to 5.
3. The petitioners claim to be absolute owners in possession and enjoyment of the property covered by Exts.P-1 & P-2 sale deeds. The property has been mutated in the name of the petitioners and they have been paid basic land tax for the same as evident from Exts.P-1(a), P-1(b) & P-2(a). They are aggrieved by the impugned endorsement made in the basic land tax receipt by the 5 th respondent to the extent it is W.P(C)Nos.5404 & 5429 of 2019 6 stated therein that the acceptance of the basic land tax is subject to the result of Ext.P-5 W.P(C)No.40002/2016, then pending on the file of this Court. The 5th respondent is now refusing to issue location sketch, Possession Certificate, ROR certificate in respect of the subject property to the petitioners, on account of issuance of Ext.P-4 proceedings dated 12.08.2016 of the Special Officer and Collector issued as per the provisions of the Kerala Land Conservancy Act, 1957. Now it is beyond dispute that the impugned Ext.P-4 proceedings dated 12.08.2016 has already been set aside by this Court, as per Ext.P-5 judgment dated 07.11.2018 in W.P(C)No.40002/2016 and connected cases, wherein this Court has also unequivocally declared that the land conservancy proceedings in the nature as sought to be initiated as per the impugned Ext.P-4 proceedings herein is incompetent and beyond the jurisdiction of the State and that if at all the State has got any dispute regarding the title of the petitioners therein and other similarly situated land owners. It is for the State to institute appropriate civil suit for impugning the title of the property holders, etc. Accordingly, the proceedings as per Ext.P-4 have also been quashed by this Court by granting liberty to the State as aforestated. In view of Ext.P-5 judgment, the impugned endorsement is made the land tax receipt, that the same is accepted subject to Ext.P-5 W.P(C)No.40002/2016 and also the refusal on the part of the 5th respondent to issue revenue certificates like Possession Certificate, location sketch, ROR certificate, etc. on the ground of pendency of Ext.P-4 is illegal and ultra vires. More so particularly, in the light of the quashment of Ext.P-4 as per Ext.P-5 judgment.
4. Accordingly, it is ordered that the 5th respondent-Village Officer will immediately re-present the impugned land tax receipts before the 1st respondent, who will issue fresh land tax receipts without any such endorsement regarding the pendency of Ext.P-5 W.P(C)No.40002/2016. So also it is ordered that the 1 st respondent will act upon the applications made by the petitioners, for grant of revenue certificates like location sketch, Possession Certificate, ROR certificate, etc. and will grant the same, without any further delay.
With these observations and directions, this Writ Petition (Civil) will stand disposed of."
5. In the light of these aspects, it is only to be held that the matter in issue is covered by the judgments of this Court already rendered in cases as in W.P(C)No.3764/2019. Accordingly, it is ordered and declared that the refusal on the part of the respondent- W.P(C)Nos.5404 & 5429 of 2019 7 Village Officer to issue revenue certificates as sought for by the respective petitioners in these cases, on the ground of the pendency of the abovesaid land conservancy proceedings is ultra vires and illegal, more so particularly, in view of the judgment dated 07.11.2018 rendered by this Court in W.P(C)No.40002/2016 and connected cases, wherein this Court has already interdicted in the said impugned land conservancy proceedings and it was held therein that the said impugned land conservancy proceedings are illegal and ultra vires and that the proceedings under the Kerala Land Conservancy Act are incompetent and without jurisdiction and that the State will be at liberty to institute appropriate civil suits against the property holders concerned, if it is so called for, etc. In the judgment of this Court in W.P(C)No.3764/2019, this Court has already directed that the respondent-Village Officer should immediately grant the revenue certificates like Possession Certificate, location sketch, ROR Certificate, etc. sought for by the petitioner, without any further delay.
6. Accordingly, it is ordered that the respondent-Village Officer will take up the requests made by the respective petitioners for grant of revenue certificates as sought for by them in the respective cases and will grant such certificates, if the norms in that regard are otherwise satisfied by the respective petitioners. It is made clear and W.P(C)Nos.5404 & 5429 of 2019 8 ordered that the respondent-Village Officer cannot refuse the issuance of such revenue certificates to the petitioners, on the ground of the pendency of the abovesaid land conservancy proceedings, which has already been interdicted by this Court in the judgment in W.P(C)No.40002/2016 and connected cases. Steps for issuance of such revenue certificates should be duly completed by the respondent-Village Officer concerned, without much delay, preferably within a period of two weeks from the date of production of a certified copy of this judgment.
With these observations and directions, this Writ Petition (Civil) will stand disposed of.
Sd/-
ALEXANDER THOMAS JUDGE vgd/23.02.19 W.P(C)Nos.5404 & 5429 of 2019 9 APPENDIX OF WP(C) 5404/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE WILL DEED NO.197/2012 DATED 11/10/2012 OF SRO KATTAPANA EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO.446/1960 DATED 25/8/1960 PF PEERMADE SRO EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 3/5/2018 EVIDENCING THE PAYMENT OF BASIC TAX FOR THE YEAR 2018-19 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 13/2/2019 ISSUED BY THE 5TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO.GLR (LR) 210/15/PER-TCO DATED 12/8/2016 OF THE SPECIAL OFFICER & COLLECTOR EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 7/11/2018 PASSED BY THIS HON'BLE COURT IN WP(C) NO.40002/2016 AND CONNECTED CASES EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 31/1/2019 PASSED BY THIS HON'BLE COURT IN WP(C) NO.1783/2019 W.P(C)Nos.5404 & 5429 of 2019 10 APPENDIX OF WP(C) 5429/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 26/2/2018 WITH RESPECT TO THE ASSIGNMENT OF 37.18 ARES OBTAINED THE 1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 26/2/2018 WITH RESPECT TO THE ASSIGNMENT OF 44.92 ARES OBTAINED THE AND 2ND PETITIONER.
EXHIBIT P3 TRUE COPY OF THE PURCHASE CERTIFICATE
NO.55/2018 DATED 3/7/2018 ISSUED BY THE
SPECIAL TAHASILDAR, LAND TRIBUNAL,
THODUPUZHA TO THE 1ST PETITIONER.
EXHIBIT P4 TRUE COPY OF THE PURCHASE CERTIFICATE
NO.54/2018 DATED 3/7/2018 ISSUED BY THE
SPECIAL TAHASILDAR, LAND TRIBUNAL,
THODUPUZHA TO THE 2ND PETITIONER.
EXHIBIT P5 TRUE COPY OF THE LAND TAX RECEIPT DATED
10/07/2018 AS T.P.NO.7395 OF UPPUTHARA
VILLAGE REMITTED BY THE 1ST PETITIONER.
EXHIBIT P6 TRUE COPY OF THE LAND TAX RECEIPT DATED
10/07/2018 AS T.P.NO.7394 OF UPPUTHARA
VILLAGE REMITTED BY THE 2ND PETITIONER.
EXHIBIT P7 TRUE COPIES OF THE LETTER NO.52/19 DATED
2/2/2019 ISSUED BY THE 2ND RESPONDENT TO
THE 1ST PETITIONER.
EXHIBIT P8 TRUE COPIES OF THE LETTER NO.53/19 DATED
2/2/2019 ISSUED BY THE 2ND RESPONDENT TO
2ND PETITIONER.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 7/11/2018
IN WP(C) NO.40002/16 OF THIS HON'BLE COURT.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DTED 8/4/2016 IN WP(C) NO.14740/2016 OF THIS HON'BLE COURT.