IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 6075 of 2007(W) ------------------------- PETITIONER(S): --------------- K.VEDAN S/O KURUPPAN, AGED 41 YEARS, 20/V ROOM LINES GRAMS LAND ROAD, MUNNAR. BY ADV. SRI.R.DIVAKARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTORATE BHAVAN, KUYILLEE MALA, IDUKKI DISTRICT. 3. THE THAHASILDAR, DEVICOLAM TALUK OFFICE, DEVICOLAM. 4. THE VILLAGE, OFFICER, K.D.H., VILLAGE, DEVICOLAM. GOVERNMENT PLEADER SRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No. 6075/07. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE PATTA ISSUED BY R3. P2. COPY OF THE TAX RECEIPT DTD.16.1.01. P3. COPY OF THE ELECTRIC POWER CONNECTION SUPPLY ISSUED BY THE SANCTION OFFICER ATTACHED TO THE TATA TEA LTD. P4. COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE GRAMA PANCHAYAT. P5. COPY OF THE CERTIFICATE ISSUED BY THE DIST. MEDICAL BOARD. P6. COPY OF THE PERMIT ISSUED BY THE GRAMA PANCHAYAT. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.6075 of 2007 ================== Dated this the 31st day of July, 2009 J U D G M E N T The petitioner claims to be the owner of certain land by virtue of Ext.P1 patta issued under the Kerala Land Assignment Rules. The petitioner has been paying basic tax in respect of the property as evidenced by Ext.P2 tax receipt. The petitioner has obtained a permit from the Munnar Grama Panchayat for construction of a shed in the property. The petitioner is aggrieved by the interference by the 3rd respondent in the construction made by the petitioner. According to him, respondents 3 and 4 have come to the construction site and directed the petitioner not to continue the construction. The petitioner submits that he is validly doing the construction and in view of the fact that the land belongs absolutely to him, the respondents had no right whatsoever to interfere with the construction, which he had undertaken after complying with all legal formalities. He has a further grievance that the 4th respondent is not accepting land tax in respect of the property. The petitioner, therefore, seeks the following reliefs: “i) To issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent No.2 and 3 not to interfere the construction work of the petitioner's property obtained as per Ext.P1 Patta. ii) To issue a writ in the nature of mandamus or any other appropriate writ, order or directions, directing the 4th respondent to receive land Tax of property assigned to the petitioner as per Ext.P1 Patta.” 2 2. A counter affidavit has been filed by the 3rd respondent, in which it is stated thus: “2. It is submitted that the petitioner claims to be in possession of 2.5 cents of land comprised in Sy. No.62/18 of Kannan Devan Hills Village by virtue of Patta issued in LA 1/01 KDH. But the genuineness of the patta and the title of the petitioner over the land in question has to be established in the verification now in progress. Acceptance of Basic Tax has been kept in abeyance in Kannan Devan Hills Village until the verification is over. Construction can also be permitted if the petitioner is found to be a genuine assignee. 3. It is submitted that due to widespread complaints regarding encroachment in government land with the support of bogus pattayams in Devikulam Taluk especially Kannan Devan Hills Village, enquires at Police Vigilance as well as departmental level are going on. Government issued G.O(Rt) 754/07 Rev. dated 17.2.07 in order to curb the widespread encroachments doing on in Munnar area. Accordingly, steps are being taken to implement the instructions contained in the said Government Order. New constructions can be permitted only if the petitioner is found to be a genuine assignee, in verification now in progress. 4. There has been no illegal move to evict the petitioner so far on the part of the respondents. But the genuineness of the patta issued to the petitioner be established in the verification now in progress. In the above circumstances, the Writ Petition is liable to be dismissed.” 3. The respondents have no case that they have established that Ext.P1 is a not genuine. Their only contention is that the genuineness of the patta is under investigation. It is upto to them to make any investigation and, if ultimately they find that the patta is not one validly issued, they can cancel the same also after completing the procedures prescribed by law, which includes a notice and hearing to the petitioner. The respondents cannot also interfere with the construction activities on the property, if he is doing the same after 3 complying with all legal formalities. As long as that patta is not cancelled, the respondents are also bound to accept land tax in respect of the property. Acceptance of land tax in respect of the property would not preclude the respondents from taking steps against Ext.P1, if they have any valid reason to do so. In the above circumstances, as at present, the respondents cannot validly prohibit the petitioner from making constructions in the property and refuse to accept land tax. Accordingly, this writ petition is disposed of with a direction to the respondents not to interfere with the construction activities undertaken by the petitioner in the property covered by Ext.P1 and with a further direction to the 4th respondent to continue to accept land tax in respect of the property whenever tendered, until Ext.P1 is validly set aside by a process known to law, after complying with the principles of natural justice. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge