V.Moideen v. The District Collector
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 WP(C).No. 12766 of 2013 (U) ---------------------------- PETITIONER :
----------------------- V.MOIDEEN, S/O.BAVACHI,AGED 61 YEARS, VETTIYATTIL HOUSE, THIRURANGADI TALUK, MOONNIYUR P.O, MALAPPURAM- 676 311 BY SMT.SUMATHY DANDAPANI,SENIOR ADVOCATE ADVS. SRI.MILLU DANDAPANI SRI.RAZA M FAZAL RESPONDENT(S):
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1. THE DISTRICT COLLECTOR, MALAPPURAM -676 505
2. THE TAHSILDAR, THIRURANGADI TALUK OFFICE, THIRURANGADI- 676 306
3. THE VILLAGE OFFICER, MOONNIYUR VILLAGE, MALAPPURAM DISTRICT -676 311 BY SR GOVERNMENT PLEADER SRI.R.PADMARAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 12766 of 2013 (U) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE MORTGAGE DEED NO.60 OF 1918 DATED 8-1-1918 EXECUTED IN FAVOUR OF MOOSA MAPPILA EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT NO.71019 DATED 22-02-2010 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 17-10-2012 EXHIBIT P4 TRUE COPY OF A REPLY RECEIVED FROM THE PUBLIC INFORMATION OFFICER AND ADDL.
TAHSILDAR,TIRURANGADI DATED 7-1-2013 EXHIBIT P5 TRUE COPY OF A REPLY RECEIVED FROM THE WAKF BOARD DATED 24-04-2013 EXHIBIT P6 TRUE COPY OF THE REPLY DATED 4-1-2013 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT P7 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 4-7-2012 ISSUED BY SUB REGISTRAR, PARAPPANAGADI EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGE OF THE RESURVEY SETTLEMENT REGISTER ISSUED BY THE SUPERINTENDENT, REGIONAL ARCHIEVES,KOZHIKODE DATED 22-07-1935 RESPONDENT(S)' EXHIBITS ---------------------------------------- R3(A) TRUE COPY OF THE BTR R3(B) TRUE COPY OF POSSESSION REGISTER R3(C) TRUE COPY OF THE DOCUMENT NO.936/1962 /TRUE COPY/ P.S.
A.M. SHAFFIQUE, J.
============= W.P. (C) No. 12766 of 2013 =================== Dated this, the 28th day of October, 2015
J U D G M E N T
Petitioner has approached this Court seeking for the following reliefs;
"(i) call for the records leading to Exhibits P1 to P8 and peruse the same, (ii) issue a writ of Certiorari or any other writ, direction or order quashing Exhibit P6 issued by the 3rd respondent.
(iii) issue a Writ of mandamus or any other writ, direction or order commanding the respondents to receive tax in respect of the property of the petitioner having an extent of 2 acres and 64 cents in survey No.198/1 of Mooniyur Village, in Tirurrangadi Taluk, Malappuram District".
2.
Petitioner claims to be the owner in possession of an extent of 2 acres 64 cents of land in Sy.No.198/1 of Mooniyur Village. The complaint of the petitioner is that he is not permitted to pay land tax for the property.
3.
Counter affidavit has been filed by the respondents inter alia stating that the petitioner does not have title to the
W.P(C) No.12766/13 -:2:- property and as per the basic tax register available with the village, the property is in the thandaper of Wakf. Being a Wakf property, the petitioner is not entitled to pay land tax. 4.
Taking into consideration the dispute raised in the present writ petition, I am of the view that the question regarding dispute on title cannot be decided by this Court in a proceedings under Article 226 of the Constitution of India. According to the Government, the property is Wakf property, if so, the remedy of the petitioner is to approach the appropriate Court/Tribunal to resolve such dispute and thereafter approach the revenue authorities for payment of tax.
In the result, this writ petition is disposed of reserving right of the petitioner to approach the Court/Tribunal for deciding the issue raised by the respondents and thereafter approach the revenue authorities for payment of land tax.
Sd/- A.M. SHAFFIQUE, JUDGE Rp 28/10/2015 //True Copy// P.S to Judge