High Court of KeralaWP(C)/30852/2014disposed of

Thanka v. The Tahsildar

2015-01-08Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 WP(C).No. 30852 of 2014 (F) ---------------------------- PETITIONER(S) :

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1. THANKA, D/O KELAPPAN, AGED 63 YEARS, PARAKKUNNATH PAKKATH PARAMBIL HOUSE, THRIKANAPURAM, THAVANOOR, MALAPPURAM DISTRICT.

2. ACHUTHAN, S/O.PAYANGA,AGED 62 YEARS, PARAKKUNNATH PAKKATH PARAMBIL HOUSE, THRIKANAPURAM, THAVANOOR, MALAPPURAM DISTRICT.

3. VALSALA, D/O.CHENNAN, AGED 65 YEARS, PARAKKUNNATH PAKKATH PARAMBIL HOUSE, THRIKANAPURAM, THAVANOOR, MALAPPURAM DISTRICT. BY ADVS.SRI.N.M.MADHU SMT.C.S.RAJANI RESPONDENT(S)/RESPONDENTS:

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1. THE TAHSILDAR, PONNANI TALUK, PONNANI.P.O.,MALAPPURAM DISTRICT-679 577

2. THE VILLAGE OFFICER, THAVANOOR VILLAGE, THAVANOOR, MALAPPURAM DISTRICT-676 505 *ADDL.R3 IMPLEADED *R3: CHEMBAN, AGED 71 YEARS, S/O. KANTANAKATH PARAMBIL KAPPA, RESIDING AT KANTANAKATH PARAMBIL HOUSE, TRIKKANNAPURAM AMSOM DESOM, PONNANI TALUK, MALAPPURAM DISTRICT.

*ADDL.R3 IS IMPLEADED AS PER ORDER DATED 8/1/2015 IN IA.NO.17584/2014. R1 & R2 BY SR GOVERNMENT PLEADER SRI.K.C.VINCENT ADDL.R3 BY ADV. SRI.JAMSHEED HAFIZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 30852 of 2014 (F) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 COPY OF THE PURCHASE CERTIFICATE NO.370/1980 DATED 07.05.1980 ISSUED BY THE SUO MOTO PROCEEDINGS NO.192/1979 OF PONNANI LAND TRIBUNAL EXT.P2 COPY OF THE APPLICATION DATED 15.10.2014 SUBMITTED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT EXT.P3 COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING THE RECEIPT OF THE EXT.P2 APPLICATION BY THE FIRST RESPONDENT. RESPONDENT(S)' EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 30852 of 2014 -------------------------------------------- Dated this the 8 th day of January, 2015

JUDGMENT

The petitioners have approached this Court with the following prayers:

"i. To issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents to accept the basic tax in respect of the property covered by Ext.P1 from the petitioners at the earliest.

ii. To issue a writ of mandamus or any other appropriate writ order or direction commanding the first respondent to decide Ext.P2 at the earliest." rd respondent

2. The learned counsel for the additional 3 points out that, the petitioners are not the exclusive owners of rd the property and that the property is owned by the additional 3 respondent, also paying tax. This is rebutted by the learned counsel for the petitioners stating that the petitioners are ready st respondent, to establish the facts and figures before the 1 before whom Ext.P2 application for effecting mutation is pending. Reliance is also sought to be placed on Ext.P1 Certificate issued in suo moto proceedings bearing No. 192/1979 of the Ponnani Land Tribunal.

W.P.C. No. 30852 of 2014 -23. After hearing both the sides including the learned Government Pleader, the writ petition is disposed of, directing the st respondent to consider and pass appropriate orders on Ext.P2 in accordance with law and also in the light of all the relevant records to be produced by both the sides, after giving an rd opportunity of hearing to the petitioners, the additional 3 respondent and other interested parties, if any. The said exercise shall be completed at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of the judgment along with a copy of the writ petition before the first respondent further steps.

P.R. RAMACHANDRA MENON, JUDGE.

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