Kerala High Court
Jyothi Raman @ Kaladharan vs District Collector on 4 February, 2025
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W.P.(C)No. 5869 OF 2022
2025:KER:8769
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 4TH DAY OF FEBRUARY 2025 / 15TH MAGHA, 1946
WP(C) NO. 5869 OF 2022
PETITIONER:
JYOTHI RAMAN @ KALADHARAN,
AGED 57 YEARS, S/O. LATE RAMAN,
PUTHENVEEDU, MUTHIRAMPALLAM, ELAPPULLY P O,
PALAKKAD, PIN-678622,
NOW RESIDING AT FLAT NO. E-403, JAl VAYU TOWERS,
PLOT NO.DJ-06, ACTION AREA 1-D, NEW TOWN,
KOLKATA, WEST BENGAL, PIN-700160.
BY ADVS.
MATHEW KURIAKOSE
MARIADAS JOHN
J.KRISHNAKUMAR (ADOOR)
MONI GEORGE
RESPONDENTS:
1 DISTRICT COLLECTOR,
PALAKKAD, PALAKKAD DISTRICT, PIN-678001.
2 THE TAHSILDAR,
PALAKKAD, TALUK OFFICE, CIVIL STATION,
PALAKKAD DISTRICT, PIN-678001.
3 THE VILLAGE OFFICER,
ELAPPULLY-I VILLAGE, PALAKKAD-POLLACHI ROAD,
PARA, ELAPULLY, PALAKKAD DISTRICT, PIN-678622.
BY ADV.
NIMA JACOB - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C)No. 5869 OF 2022
2025:KER:8769
VIJU ABRAHAM, J.
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W.P.(C) No. 5869 of 2022
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Dated this the 4th day of February, 2025
JUDGMENT
1. The petitioner has approached this Court seeking the following prayers;
i. Issue a writ of mandamus or any other writ, order or direction commanding respondent Nos. 1 to 3 to rectify the mistake if any crept in the revenue records of Elappully - I Village as regards the extent of the property of the petitioner which is covered by Exts P1 to P4 documents;
ii. Issue a writ of mandamus or any other writ, order or direction commanding respondent No. 3 to accept Basic Tax as regards the entire extent of the property of the petitioner which is covered by Exts P1 to P4 documents; and issue Basic Tax Receipt accordingly to the petitioner;
iii. Issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit in the circumstances of the case; and iv. award cost of these proceedings to the Petitioner.
2. Heard the learned Counsel for the petitioner and the learned Government Pleader.
3W.P.(C)No. 5869 OF 2022 2025:KER:8769
3. When the matter came up for consideration, the learned Counsel for the petitioner submits that petitioner is confining her limited prayer to the prayers sought in the Interlocutory Application i.e. I.A. No. 1 of 2024.
4. If the petitioner wants to get necessary corrections in Exhibit P-1 Certificate of Purchase, the petitioner must approach the additional 4th respondent with such a request. If the petitioner files such a request within a period of three weeks from the date of receipt of a copy of this Judgment, same shall be appropriately considered in accordance with the law and pass orders thereon within a period of 3 months by the additional 4th respondent after hearing the petitioner and any other affected parties.
Accordingly, the writ petition is disposed of.
Sd/-
VIJU ABRAHAM JUDGE Svn 4 W.P.(C)No. 5869 OF 2022 2025:KER:8769 APPENDIX OF WP(C) 5869/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF PURCHASE DATED 31.05.2006 ISSUED FROM THE LAND TRIBUNAL, PALAKKAD TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 23.04.2013 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23.09.2008 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE BASIC TAX RECEIPT DATED 29/9/2022 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE LAND LOCATION DETAILS IN RESPECT OF THE PROPERTY OF THE PETITIONER AND OBTAINED FROM THE WEBSITE OF REVENUE E- SERVICES OF THE STATE OF KERALA EXHIBIT P7 TRUE COPY OF THE THANDAPPER DETAILS IN RESPECT OF THE PROPERTY OF THE PETITIONER AND OBTAINED FROM THE WEBSITE OF REVENUE E-SERVICES OF THE STATE OF KERALA EXHIBIT P8 TRUE COPY OF THE DETAILS OF PAYMENTS PENDING APPROVAL IN RESPECT OF THE PROPERTY OF THE PETITIONER AND OBTAINED FROM THE WEBSITE OF REVENUE E-SERVICES OF THE STATE OF KERALA EXHIBIT P9 TRUE COPY OF THE BTR APPLICATION OF THE PROPERTY IN SURVEY NO.283/19 AND OBTAINED FROM THE WEBSITE OF REVENUE E-SERVICES OF THE STATE OF KERALA EXHIBIT P10 TRUE COPY OF THE BTR APPLICATION OF THE PROPERTY IN SURVEY NO. 287/3 AND OBTAINED FROM THE WEBSITE OF REVENUE E-SERVICES OF THE STATE OF KERALA 5 W.P.(C)No. 5869 OF 2022 2025:KER:8769 EXHIBIT P11 TRUE COPY OF THE BASIC TAX RECEIPT DATED 03.10.2022 OF THE PROPERTY OF THE PETITIONER IN SY. NO. 283/19 IN BLOCK NO.43 OF ELAPPULLY- I VILLAGE EXHIBIT P 12 TRUE COPY OF THE THANDAPPER ACCOUNT REGISTER DATED 09.10.2023 OBTAINED FROM THE WEBSITE OF THE REVENUE DEPARTMENT, KERALA AS REGARDS THANDAPPER ACCOUNT NO. 3469 EXHIBIT P 13 TRUE COPY OF THE THANDAPPER ACCOUNT EXTRACT ISSUED BY THE VILLAGE OFFICE, ELAPPULLY - I IN RESPECT OF THE PROPERTY IN SY. NO. 283/19 EXHIBIT P 14 TRUE COPY OF THE BASIC TAX REGISTER IN RESPECT OF THE PROPERTY IN SY. NO. 283/19 OF ELAPPULLY
- I VILLAGE EXHIBIT P 15 6. TRUE COPY OF THE BASIC TAX REGISTER DATED 04.04.2024 IN RESPECT OF THE PROPERTY IN SY. NO. 263/8 OF ELAPPULLY - I VILLAGE EXHIBIT P 16 TRUE COPY OF THE BASIC TAX RECEIPT DATED 01.04.2024 ISSUED BY THE VILLAGE OFFICE, ELAPPULLY - I IN RESPECT OF THE PROPERTY OF THE PETITIONER EXHIBIT P 17 TRUE COPY OF THE BASIC TAX REGISTER ISSUED BY THE VILLAGE OFFICE, ELAPPULLY - I IN RESPECT OF THE PROPERTY OF THE PETITIONER EXHIBIT P 18 TRUE COPY OF THE LAND TAX APPLICATION STATUS OF THE THANDAPPER NO. 3469 TEMP (SURVEY SUB DIVISION NO. 263/8T) OF ELAPPULLY - I VILLAGE RESPONDENT ANNEXURES ANNEXURE A2(A) TRUE COPY OF THE TAX RECEIPT DATED 21-04-2022