Mr.Mohammed v. The Tahsildar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 33040 of 2015 (D) ---------------------------- PETITIONER:
------------------- MR.MOHAMMED, S/O. LATE HASSAINAR, KODIVALAPP HOUSE, POOTHAPALAM POST, BELLUR, VIA MULLERIA, KASARAGOD DIST, PIN-671543.
BY ADVS.SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S):
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1. THE TAHSILDAR, HEADQUARTERS, TALUK OFFICE, KASARAGOD-671543.
2. THE VILLAGE OFFICER, DELAMPADY VILLAGE, POST DELAMPADY, KASARAGOD DIST, PIN-671543.
3. THE SUB REGISTRAR, SUB REGISTRAR OFFICE, BADIADKA-671543.
4. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 33040 of 2015 (D) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
------------------------------------- EXHIBIT P1THE PHOTOSTAT COPY OF THE ORDER OF ASSIGNMENT ON REGISTRY.
EXHIBIT P2THE PHOTOSTAT COPY OF THE RELEASE DEED DATED 30-8-1994. EXHIBIT P3THE PHOTOSTAT COPY OF THE SALE DEED DATED 9-12-1997. EXHIBIT P4THE PHOTOSTAT COPY OF THE BASIC TAX PAID BY THE PETITIONER TILL 2014.
EXHIBIT P5THE PHOTOSTAT COPY OF THE RELEASE DEED DATED 2-7-2004. EXHIBIT P6THE PHOTOSTAT COPY OF THE INFORMATION GIVEN BY THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS:
NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/
A.MUHAMED MUSTAQUE, J.
~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.33040/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ nd Day of December, 2015 Dated this the 22
J U D G M E N T
The petitioner claims title to the land comprised in Survey Nos.44/1D, 40/1G and 44/9 of Delampadi Village in Kasargode Taluk. The petitioner purchsed this property as per document No.3582/97 of S.R.O., Badiadka. He has approached this Court on account of the refusal to accept basic tax in respect of the aforesaid property. Ext.P6 is the information received by the petitioner under the Right to Information Act in that regard.
2.
It is seen from Ext.P6 that the Revenue Officials refused to accept basic tax in respect of the property comprised in Survey No.45/10 having an extent of 0.59 cents, stating that it was assigned to one Choma.
W.P.(C).No.33040/2015 -:2:- 3.
It is seen from Ext.P1 that there was an assignment order in favour of Choma. It appears that the said Choma did not obtain purchase certificate and the property was thereafter, sold to the petitioner's assignor by the legal heirs of Choma. 4.
In the above circumstances, if there is no other impediment, the petitioner shall be assigned the above land by the authorities after issuing purchase certificate. This shall be done after issuing notice to the legal heirs of Choma. If there is no other issues, the Tahsildar shall accept basic tax from the petitioner in respect of the other land referred above. Needful shall be done by the Tahsildar within three months in the light of the discussions as above. The writ petition is disposed of as above. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE ms