IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(C).No. 24447 of 2008(I) ------------------------------------- PETITIONERS: --------------------- 1. RONY CHERIAN, CHIRAMUKKATH, NSS JUNCTION, PERUNNA.P.O, CHANGANACHERRY-2. 2. THAISE RONY CHERIAN, W/O.RONY CHERIAN, CHIRAMUKKATH, NSS JUNCTION, PERUNNA.P.O, CHANGANACHERRY-2. BY ADVS. MR.SIBY MATHEW, MR.PHILIP J. VETTICKATTU. RESPONDENTS: ------------------------ 1. THE VILLAGE OFFICER, KAVUMBHAGAM, THIRUVALLA. 2. THE REVENUE DIVISIONAL OFFICER, THIRUVALLA. 3. JOJO PHILIP, MAMBALATH HOUSE, KANNADI, KUNNUMMA, PULINKUNNU.P.O, KUTTANAD. R1 & R2 BY SR. GOVT. PLEADER SMT. N. SUDHA, R3 BY ADV. MR.K.S.HARIHARAPUTHRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.24447/2008-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RECEIPT FOR THE PAYMENT OF LAND TAX FOR THE PERIOD 1983-84 TO 86-87 ISSUED BY THE R.1. TO THE PETITIONER. EXT.P.2; COPY OF THE RECEIPT FOR THE PAYMENT OF LAND TAX FOR THE PERIOD 2006-2007 ISSUED BY THE R.1. TO THE PETITIONER. EXT.P.2.A: COPY OF THE RECEIPT FOR THE PAYMENT OF LAND TAX FOR THE PERIOD 2006-2007 ISSUED BY THE R.1. TO THE PETITIONER. EXT.P.3: COPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE RESPONDENTS 1 AND 2. EXT.P.4: COPY OF THE PLAINT IN O.S. NO. 107/2007 FILED BY THE R.3. BEFORE THE MUNSIFF COURT, THIRUVALLA. EXT.P.5: COPY OF THE DOCUMENT NO.3639/1962 DTD. 29/10/1962, EXECUTED BY MR. FRANCIS IN FAVOUR OF THRESSIA, KURIAKOSE AND VARGHESE. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 24447 OF 2008 -------------------------- Dated this the 4th day of January, 2010 J U D G M E N T The petitioners purchased a parcel of land 11 cents in extent situated in Sy. No.268/1 of Kavumbhagam Village, Thiruvalla Taluk, Pathanamthitta District, as per sale deed No.1516 of 1996 and 1517 of 1996 of the Sub Registrars Office, Thiruvalla, from Smt. Ammini Kurin and Sri. Joy Kurian. Thereafter they applied for transfer of registry. On their application, transfer of registry was effected. The third respondent disputed petitioners' title and possession over the property. 2. Shortly after the petitioners purchased the property, some of the near relatives of the vendors filed O.S. NO.526 of 1996 in the Court of the Munsiff of Thiruvalla for a permanent prohibitory injunction restraining the petitioners from trespassing into the property described in sale deed Nos.1516 of 1996 and 1517 of 1996. The third respondent herein was one among the plaintiffs in the suit. It is stated that the suit and the appeal therefrom were dismissed and that the second appeal filed in this Court namely, R.S.A. No.20 of 2005 was also dismissed on 5.12.2006. The third W.P.(C) No. 24447/08 2 respondent thereafter filed O.S. No.107 of 2007 in the Sub Court, Thiruvalla, for declaration of title and seeking other reliefs. The said suit is even now pending. It appears based on a complaint filed by the third respondent before the Revenue Divisional Officer, Thiruvalla, the second respondent herein, an enquiry into the transfer of registry effected in favour of the petitioners was conducted by the Villlage Officer, Kavumbhagam Village. He reported that vendors of the petitioners have no marketable title over the lands. He also reported that the property over which the petitioners claim title is in the possession of the third respondent. The petitioner and the third respondent were thereupon heard on 13.3.2007 by the Revenue Divisional Officer, Thiruvalla, the second respondents herein. After hearing, on noticing the rival claims for tile and pendency of OS No.107 of 2007 in the Sub Court, Thiruvalla, the second respondent directed the parties to await the decision of the civil court. This writ petition was thereupon filed seeking a direction to the first respondent to receive land tax from the petitioners. 3. It is evident from the pleadings that the third respondent has instituted O.S. No. 107 of 2007 in the Sub Court, Thiruvalla claiming W.P.(C) No. 24447/08 3 title over the lands purchased by the petitioners as per sale deed Nos.1516 of 1996 and 1517 of 1996. The pleadings also disclose that the Village Officer, Kavumbakam Village has submitted a report to the effect that the petitioners vendors had no subsisting title and possession over the property. In such circumstances, this Court exercising the jurisdiction under Article 226 of the Constitution of India cannot direct the first respondent to receive land tax from the petitioners. I therefore find no grounds to grant the reliefs prayed for by the petitioners. The writ petition is accordingly dismissed leaving open the contentions of both sides to be raised in O.S. No. 107 of 2007 on the file of the Sub Court, Thiruvalla. The entitlement of the petitioners to have land tax received from them will depend on the outcome of the civil suit. P.N.RAVINDRAN, JUDGE vps