IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 OP.No. 12265 of 2001(I) ----------------------- PETITIONER: ------------ V.K.SIVASUBRAHMANNIAM, S/O.KALIAPPAN, AGED 34, NO.59, ATHUR ROAD, VANGAPALAYAM, KARUR, TAMIL NADU. BY ADV. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE TAHSILDAR, KANNUR TALUK, KANNUR. 3. MR.T.KRISHNADAS, S/O.KUNHIKANNAN, THONOLI HOUSE, CHIRAKKAL KANNUR. BY ADV. SRI.R.RAYA SHENOY FOR R3 SRI.R.PRASANTH KUMAR FOR R3 SRI.S.DILEEP (KALLAR) FOR R3 GOVERNMENT PLEADER FOR R1,2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.19548/2001 IN O.P. NO12265/2001 DISMISSED: 7.8.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: PHOTOCOPY OF ENCUMBRANCE CERTIFICATE DT.17.3.97 ISSUED BY THE SRO VALAPATTANAM. P2: PHOTOCOPY OF ORDER DT.28.1.98 PASSED BY R2. P3: PHOTOCOPY OF ORDER DT.7.3.2001 PASSED BY R1. P4: PHOTOCOPY OF AFFIDAVIT SWORN IN BY THE PETITIONER BEFORE THE EMBASSY OF INDIA, STOCKHOLM, SWEDEN DT.5.6.2006. P5: ORIGINAL OF THE AFFIDAVIT DT.5.6.06 SWORN IN BY THE PETITIONER. P6: .DO. DT.28.7.06 .DO. P7: TRUE COPY OF ENCUMBRANCE NO.4662/07 DT.11.12.2007 OF S.R.O. KANNUR. P8: TRUE COPY OF JUDGMENT DT.30.6.05 IN O.S. NO.262/2003 ON THE FILE OF SUBORDINATE JUDGE COURT, THALASSERY. RESPONDENT'S EXHIBITS: R3(a): TRUE XEROX COPY OF CONFIRMATION LETTER GIVEN BY PETITIONER'S FIRM M/S.AMAZAN TEX TO R3 DT.8.10.94. R3(b): TRUE XEROX COPY OF TELEGRAM DT.11.6.2001 BY PETITIONER'S EMPLOYEE N.THANGAVEL TO THE SUPERINTENDENT OF POLICE KARUR. R3(c): TRUE XEROX COPY OF CERTIFIED COPY OF ALLEGED SALE DEED REGISTERED AS DOCUMENT NO.2845/1996 OF THE KARUR WEST SUB REGISTRY IN TAMILNADU. R3(c): TRUE ENGLISH TRANSLATION OF TAMIL PORTION OF EXT.R3(c). R3(d): TRUE XEROX COPY OF SETTLEMENT DEED REGISTERED AS DOCUMENT NO.819/1990 OF SRO, VALAPATTANAM EXECUTED BY R3'S MOTHER IN FAVOUR OF R3. R3(e): TRUE XEROX COPY OF ENCUMBRANCE CERTIFICATE NO.1193 DT.4.7.1996 RELATING TO THE PLAINTIFF'S PROPERTY 2.15 ACRES ISSUED BY SRO VALAPATTANAM. R3(f): TRUE XEROX COPY OF BASIC TAX RECEIPT NO.29 DT.19.8.96 RELATING TO THE SAID PROPERTY ISSUED TO R3. R3(g): TRUE XEROX COPY OF CANCELLATION DEED NO.2374/96 DT.8.10.96 EXECUTED BY R3 OF THALASSERRY S.R.O. R3(h): TRUE XEROX COPY OF PETITION DT.21.1.1997 BY R3 TO R2. R3(i): TRUE XEROX COPY OF ENCUMBRANCE CERTIFICATE NO.87/1998 RELATING TO MY PROPERTY ISSUED BY S.R.O. VALAPATTANAM DT.9.1.1998. R3(j): LETTER DT.3.11.1997 FROM OFFICE OF THE DISTRICT REGISTRAR(GENERAL), KANNUR AT THALASSERY TO R3. R3(K): PHOTOCOPY OF NOTICE DT.17.7.96 RECEIVED FROM THE SAID CANARA BANK WITH REGARD TO KDR DEPOSIT NO.121 MATURES FOR PAYMENT ON 16.8.96. R3(L): .DO. NO.134 .DO. 27.8.96. R3(M): PHOTOCOPY OF CERTIFICATE OF T.D.S. DT.10.4.97 U/S.203 OF INCOME TAX ACT ISSUED BY THE CANARA BANK. R3(N): .DO. DT.10.0.1996 .DO. R3(P): PHOTOCOPY OF LETTER DT.3.6.96 ISSUED BY BANK. R3(Q): PHOTOCOPY OF LETTER DT.4.7.97 SENT TO R3 BY SRI.M.PURUSHOTHAMAN, CHIEF ENGINEER(RETD.), KERALA, PWD, REGISTERED VALUER. R3(R): PHOTOCOPY OF VALUATION REPORT RELATING TO R3'S PROPERTY IN R.S. NO.489/1 OF AZHIKODE AMSOM DESOM, KANNUR TALUK. R3(S): PHOTOCOPY OF REGISTERED LETTER DT.17.6.96 SENT BY R3 TO SUB REGISTRAR AT VALAPATTANAM. R3(T): PHOTOCOPY OF POSTAL ACKNOWLEDGEMENT RECEIPT OF EXT.R3(S) LEETER. R3(U): PHOTOCOPY OF REPRESENTATION DT.25.6.96 SENT TO POLICE AUTHORITIES BY ADV. DR.P.S.KRISHNA PILLAI, ON THE INSTRUCTIONS FROM R3. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.12265 of 2001 .................................................................... Dated this the 7th day of August, 2008. JUDGMENT The O.P. is filed for a direction to the Revenue authorities to receive land tax from the petitioner for the 2 acres 15 cents of land belonging to third respondent. The petitioner's case is that by virtue of a sale deed executed at Karur in Tamil Nadu on 13.6.1996, he is the owner of 2.15 acres of land belonging to the third respondent. The case of the third respondent is that the sale deed executed at Karur is a bogus transaction and the same was done when the third respondent was in the captivity of the petitioner. The sale deed was executed in Karur by including 100 sq. fts. of land in Tamil Nadu or otherwise, the registering authority in Tamil Nadu would not have any jurisdiction to register a sale deed of property situated in Kerala. The third respondent's case is that the sale executed in Karur with 100 sq. ft. of land situated there which is not even identified, is a sham transaction and therefore, he executed and registered a cancellation deed at Karur on 8.10.1996. The sale deed executed in Tamil Nadu appears to be quite bogus because the land admittedly is situated in Kerala and if it was a genuine transaction, there is no reason why petitioner could not get the sale deed 2 executed in Kerala. Besides this, the sale consideration shown is ridiculously low having regard to the extent and value of the land in Kerala. This court prima facie found that the case calls for a criminal investigation by the Police outside Tamil Nadu and an interim order was passed on 7.4.2006 directing the petitioner to file an additional affidavit. However, petitioner insists on pressing his claim against the third respondent. Considering the inordinate delay of twelve years, I do not think there is any need to order criminal investigation. However, petitioner's prayer for direction to the Revenue authorities to receive tax from him for the land belonging to the third respondent obviously cannot be granted. The O.P. is therefore dismissed leaving the petitioner to pursue remedy, if any, before civil court. C.N.RAMACHANDRAN NAIR Judge pms