C. Rejeena v. The Tahsildar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No.4751 of 2015 (T) --------------------------- PETITIONER :
-------------------------- C. REJEENA, AGED 32 YEARS W/O.SELI, PARAYAMVALAPPIL HOUSE, AYALAKKAD P.O. EDAPPAL, MALAPPURAM DISTRICT BY ADVS.SRI.M.P.ASHOK KUMAR SMT.BINDU SREEDHAR SMT.R.S.MANJULA RESPONDENTS :
----------------------------
1. THE TAHSILDAR THALAPPILLY TALUK OFFICE, THALAPPILLY, THRISSUR 680501
2. THE VILLAGE OFFICER PAMPADI VILLAGE OFFICE, THIRUVILWAMALA THALAPPILLY TALUK, THRISSUR DISTRICT 680 501 BY GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VS
WP(C).No. 4751 of 2015 (T) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 :
PHOTOCOPY OF THE DEED NO.2212/2013 EXT.P2 :
PHOTOCOPY OF THE ORDER DATED 22.09.2014 PASSED BY THE DISTRICT COLLECTOR EXT.P3 :
PHOTOCOPY OF THE RECEIPT DATED 25.09.2014 SHOWING THE REMITTANCE OF THE BASIC TAX IN RESPECT OF THE PROPERTY OWNED BY THE PETITIONER EXT.P4 :
PHOTOCOPY OF THE ORDER NO.G8.15462/13 DATED 09.02.2015 ISSUED BY THE ADDITIONAL TAHASILDAR, THALAPPILLY EXT.P5 :
PHOTOCOPY OF THE ORDER NO.LRD2 53248/2014 DATED 24.12.2014 ISSUED BY THE LAND REVENUE COMMISSIONER EXT.P6 :
PHOTOCOPY OF THE ORDER NO.B5-79611/2014 DATED 17.01.2015 ISSUED BY THE DISTRICT COLLECTOR RESPONDENT(S)' EXHIBITS NIL ---------------------------------------- /TRUE COPY/ PA TO JUDGE
A.M.SHAFFIQUE, J ----------------------------------------------- ----------------------------------------------- Dated this the 10th day of April, 2015
JUDGMENT
The petitioner claims to be the owner, who has obtained certain item of property in Pambady Village, Thalappilly Taluk vide Deed No.2212/2013 of Pazhayannoor Sub Registry. The petitioner obtained mutation of the said property on the basis of direction issued by the District Collector, as per Ext.P2 dated 22.9.2014 and the tax has been paid as evident from Ext.P3 dated 25.9.2014. According to the petitioner, when the petitioner offered tax for the subsequent year, the authority didn't accept the land tax and accordingly this writ petition is filed seeking for a direction to the second respondent to accept the land tax from the petitioner in respect of the property owned by him in terms of Ext.P1.
2. During the pendency of the writ petition, the petitioner produced Ext.P4, an order passed by the Additional Thasildar, by which, proceedings had been
issued to cancel the decision taken for mutating the property, in favour of C.Rejeena, the petitioner having an extent of 2 hectares 07 ares and 20.64 square meter, which was done pursuant to Ext.P2 order dated 22.9.2014.
3. The petitioner has also produced Exts.P5 and P6 by which, Land Revenue Commissioner as well as the District Collector had given directions to the revenue authority to cancel the mutation. The learned Government Pleader submits that, this decision was taken on the basis on a vigilance enquiry into the matter and appropriate action is being taken against the revenue officer who has effected the mutation and assigned the land in favour of the petitioner, which according to the enquiry is contrary to the provisions of Kerala Land Reforms Act.
4. Having regard to the aforesaid submissions, I do not think that a direction can be issued as prayed for. If the petitioner has any grievance that there is wrongful cancellation of the mutation, it is open for the petitioner to take appropriate proceedings in accordance with the provisions under the Transfer of Registry Rules.
In the result there being no merit in the writ petition it is accordingly dismissed.
Sd/- A.M.SHAFFIQUE JUDGE vs /TRUE COPY/ PA TO JUDGE