Indulekha v. The Revenue Divisional Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 WP(C).No. 34829 of 2015 (C) ------------------------------------------- PETITIONER(S) :

------------------------- INDULEKHA, AGED 35 YEARS, W/O.RAJEEV, CHENNAMKUNNEL HOUSE, KARARA P.O., PALAKKAD DISTRICT, PIN- 678 581.

BY ADVS.SRI.P.N.SANTHOSH SMT.K.P.GEETHA MANI RESPONDENT(S) :

----------------------------

1. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICE, OTTAPALAM REVENUE DIVISION, PALAKKAD , PIN- 679 101.

2. THE VILLAGE OFFICER, AGALI VILLAGE OFFICE, AGALI P.O, PALAKKAD, PIN- 678 581. BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 34829 of 2015 (C) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- P1:

A TRUE COPY OF THE DOCUMENT NO.551/1/12 DATED 21/04/2012 OF AGALI S.R.O. EXECUTED IN FAVOUR OF THE PETITIONER P2:

A TRUE COPY OF THE JUDGMENT DATED 29/08/2011 IN W.P.(C).NO.23239/2011 OF THIS HON'BLE COURT.

P3:

A TRUE COPY OF THE PROCEEDINGS DATED 28/12/2010 IN TLA 1588/87 OF THE REVENUE DIVISIONAL OFFICER, OTTAPPALAM. P4:

A TRUE COPY OF THE JUDGMENT DATED 16/10/2015 IN W.P.(C).NO.31607/2015 OF THIS HON'BLE COURT.

RESPONDENT(S)' EXHIBITS :

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

Msd.

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.34829 of 2015 ****************************************************************************** Dated this the 18th day of November, 2015

JUDGMENT

The petitioner has approached this Court on account of nonacceptance of land tax in respect of the property referred in Ext.P1 document.

2.

In fact, the Sub Registrar has refused to register the document on the ground that the said property was once belonged to Scheduled Tribe community and the same cannot be transferred without permission from revenue authorities. The document was registered pursuant to a direction from this Court.

2. This Court is of the view that the revenue officials shall accept the basic tax and issue possession certificate to the petitioner subject to their right to proceed against the property in accordance with law.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln