Kerala High Court
M/S Thomas Holidays & Resorts India ... vs The State Of Kerala
Author: P.R. Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY,THE 1ST DAY OF OCTOBER 2013/9TH ASWINA, 1935
WP(C).No. 35075 of 2009 (D)
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PETITIONER(S):
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1. M/S THOMAS HOLIDAYS & RESORTS INDIA PVT.LTD,
POOVAR.P.O, THIRUVANANTHAPURAM DISTRICT, PIN-695 525,
REPRESENTED BY ITS PROJECT ENGINEER,
K.AYYAPPANKUTTY.
2. SHAJI THOMAS,S/O.M.K.THOMMAN,
MANJANKAL HOUSE, KAKKANADU LANE, KESAVADASAPURAM,
TRIVANDRUM-4.
BY ADV. SRI.S.JAMES VINCENT
RESPONDENT(S):
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1. THE STATE OF KERALA,REPRESENTED BY THE
PRINCIPAL SECRETARY TO GOVERNMENT,REVENUE
DEPARTMENT, SECRETARIAT, TRIVANDRUM-1.
2. THE TAHSILDAR,TALUK OFFICE,NEYYATTINKARA.
3. THE VILLAGE OFFICER,KULATHOOR VILLAGE,
NEYYATTINKARA.
4. M/S FLOATELS INDIA PVT. LTD,COMFORT INN
GRAND, OPPOSITE SECRETARIAT, THIRUVANANTHAPURAM-1.
R1 TO R3 BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA
R4 BY ADV. SRI.M.SREEKUMAR
SRI.A.ABDUL KHARIM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01-10-2013, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(C)NO.35075/2009
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE SALE DEED NO.1061/2007 DATED 19/5/2007 FOR 20.25 ARES OF
PROPERTY PURCHASED BY THE 1ST PETITIONER.
P2 COPY OF THE SURVEY PLAN OF FIELD NO.358/14, BLOCK NO.46,
CONTAINING 20.25 ARES OF PROPERTY SECURED BY EXT.P1
P3 COPY OF THE LAND REVENUE RECEIPT NO.1267252 POSSESSION
CERTIFICATE 466/07 AND LOCATION CERTIFICATE DATED 26/10/2007 ISSUED
BY THE VILLAGE OFFICER, KULATHOOR
P4 COPY OF THE PATTA NO.LA.II-5/76 DATED 17/4/1976 ISSUED BY THE
TAHSILDAR, NEYYATTINKARA
P5 COPY OF THE SALE DEED NO.467/1999 DATED 4/3/1999 FOR 13.35 ARES OF
LAND PURCHASED BY THE 4TH RESPONDENT.
P6 COPY OF THE LAND REVENUE RECEIPT NO.154627 IN BOOK NO.5465 DATED
9/6/2004 ISSUED TO THE 4TH RESPONDENT.
P7 COPY OF THE REPORT NO.2050/07 DATED 16/5/2007 ADDRESSED BY THE
VILLAGE OFFICER TO THE TAHSILDAR
P8 COPY OF THE DEPOSITION OF THE VILLAGE OFFICER AS PW-2 IN
O.S.430/2007 OF THE MUNSIFF'S COURT, NEYYATTINKARA
P9 COPY OF THE THANDAPPER 8207 OF THE 4TH RESPONDENT.
P10 COPY OF THE LETTER NO.6039/07 DATED 8/6/2007 ADDRESSED BY THE
VILLAGE OFFICER TO THE TAHSILDAR, NEYYATTINKARA
P11 COPY OF THE G.O.(RT)NO.2790/95/RD DATED 26/7/1995
P11(A) COPY OF THE BOARD OF REVENUE (SURVEY) CIRCULAR NO.B1-16891/95
DATED 26/5/1995
P12 COPY OF THE JUDGMENT DATED 21/3/2009 IN O.S.NO.430/2007 OF THE
MUNSIFF'S COURT, NEYYATTINKARA
P13 COPY OF THE PETITION DATED 28/3/2009 FILED BY THE 1ST PETITIONER
BEFORE THE 2ND RESPONDENT.
P13(A) COPY OF THE ORDER NO.D2-174/05/D.DIS DATED 16/2/2005 OF THE
ASST.DIRECTOT OF RE-SURVEY,NEYYATTINKARA
P14 COPY OF THE JUDGMENT DATED 6/4/2009 IN WP(C)NO.11486/2009 OF THIS
HON'BLE COURT
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WP(C)NO.35075/2009
P15 COPY OF THE NOTES PUT UP BY THE VILLAGE OFFICER TO THE TAHSILDAR
AND OF LETTER NO.959/09 DATED 20/6/2009 OF VILLAGE OFFICER WITH
THANDAPPER NOS.7592 & 8302 OF THE 4TH RESPONDENT AND
THANDAPPER 13247 OF THE PETITIONERS.
P16 COPY OF THE ORDER NO.G3-19322/2009 DATED 14/9/2009 ISSUED BY THE
ADDL. TAHSILDAR, NEYYATTINKARA.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.S.TO.JUDGE
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P.R. RAMACHANDRA MENON, J.
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W.P.(C)No. 35075 OF 2009
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Dated this the 1st October, 2013
J U D G M E N T
Ext. P16 passed by the Addl. Tahsildar, Neyyattinkara, four years back on '14.09.2009', is under challenge in this writ petition.
2. The case of the petitioners is that, with regard to the property owned, possessed and enjoyed by the petitioners, by virtue of Ext.P1 Title Deed, there existed a mistake in the Basic Tax Register, which was sought to be corrected by filing an application before the 2nd respondent. Pursuant to this, a report was called for from the third respondent/Village Officer, who after meticulous analysis of the facts and figures, submitted Ext.P10, wherein, it was categorically stated that the entry was made by way of mistake and that the same required to be rectified. When the matter was pending before the second respondent, a Civil Suit filed by the first petitioner before the Munsiff's Court, Neyyattinkara as O.S.No.430 of 2007 for declaration of title and such other claims, came to be dismissed with reference to the aforesaid wrong entry in the Basic Tax W.P.(C)No. 35075 OF 2009 2 Register. Being aggrieved of Ext.P12 judgment in O.S.430 of 2007, the first petitioner approached the appellate Court by filing A.S.No.88 of 2009, which is pending consideration.
3. In view of dismissal of the Civil Suit, the Tahsildar considered Ext.P13 application and passed Ext.P16 order with reference to the dismissal of the Civil Suit. This made the petitioners to approach this Court by filing this writ petition. Despite the fact that the writ petition was admitted as early as on 07.12.2009 and service of notice to the respondents is complete, no counter affidavit has been filed by the respondents so far.
4. After hearing both the sides, this Court finds that the grievance projected by the second petitioner by way of Ext.P13 has to be considered independently, for the reason that dismissal of the Civil Suit filed by the first petitioner was placing reliance on the entries in the Basic Tax Register, which was sought to be corrected. In the said circumstance, Ext.P16 order dated 14.09.2009 passed by the Addl. Tahsildar, Neyyattinkara is set aside and the second respondent is directed to re-consider Ext.P13 application filed by the second petitioner W.P.(C)No. 35075 OF 2009 3 for correction of the entries in the BTR and pass appropriate orders in accordance with law, untrammeled by any of the observations in the verdict passed by the Civil Court. This shall be done at the earliest, at any rate, within two months from the date of receipt of a copy of the judgment, after affording an opportunity of hearing to the petitioners and also to the 4th respondent.
The writ petition is disposed of.
P.R.RAMACHANDRA MENON JUDGE lk