IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 18974 of 2009(N) ----------------------------------------- PETITIONER(S): ------------------------ SRI. DEVASSY VARKEY, S/O. LATE VARKEY, AGED 94 YEARS, PITTAPPILLIL HOUSE, NELLIMATTAM POST, REPRESENTED THROUGH HIS POWER OF ATTORNEY HOLDER SRI. K.C. CHANDY, S/O. LATE CHANDY, AGED 60 YEARS, KEZHAKAYIL HOUSE, PALA PO. BY ADV. MR.R.MURALEEDHARAN PILLAI MR.P.V.LONACHAN RESPONDENT(S): -------------------------- 1. THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 2. THE VILLAGE OFFICER, KUTTAMANGALAM VILLAGE OFFICE, NELLIMATTAM POST. * ADDL. R3 IMPLEADED ADDL.R3: MAR BASELEIOUS EDUCATIONAL AND CHARITABLE TRUST, MARTHOMA CHERIAPALLY, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT, REPRESENTED THROUGH ITS MANAGING TRUSTY. * IS IMPLEADED AS ADDL. R3 IN WP(C) NO. 18974/2009 AS PER ORDER DATED 04/08/2009 IN I.A.9586/2009. R1 & R2 BY GOVERNMENT PLEADER MR.K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 18974/2009-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE POWER OF ATTORNEY EXECUTED ON 28/05/2009 IN FAVOUR OF THE POWER OF ATTORNEY HOLDER. EXT.P2: COPY OF THE LAND TAX REMITTED FOR THE YEAR 2008-09 DATED 26/05/2008. EXT.P3: COPY OF THE REPRESENTATION DATED 26/03/2009. EXT.P4: COPY OF THE LAND TAX RECEIPT OF THE 2ND RESPONDENT DATED 27/04/2009. EXT.P5: COPY OF THE COMMUNICATION DATED 08/06/2009. EXT.P6: COPY OF THE POSTAL ACKNOWLEDGMENT CARD DATED 10/06/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 18974 of 2009-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2010. JUDGMENT The main grievance raised in this writ petition is regarding the refusal to receive land tax in respect of the properties of the petitioner. The petitioner is the owner and in enjoyment of 7 acres 49 cents of landed property in Kuttamangalam Village in Kothamangalam Taluk which is comprised in various survey numbers. He was paying land tax from 1950 onwards and Ext.P2 is the receipt for the year 2008-2009. When he wanted to remit land tax for the year 2009-2010, he was informed that he can remit the land tax only for an extent of 7 acres 16.500 cents, since an extent of 32.500 cents of land from the 7 acres 49 cents is found transferred and mutation has been effected in the Village records as on 19.1.2009. The petitioner filed an objection to the same as per Ext.P3 stating that no part of the property has been transferred to anybody. It appears that the mutation was effected in favour of the third respondent trust. After failing to get any positive action in the matter, this writ petition is filed seeking for various reliefs. 2. A counter affidavit has been filed by the first respondent, wherein wpc18974 /2009-N 2 it is mentioned that an extent of 32.500 cents of land in Sy. No.53/1A/3E has been transferred from the petitioner’s account vide mutation order No.15/09 dated 19.1.2009 of the Village Officer, Kuttamangalam. This was effected in pursuance of a Sale Deed No.8147/08 dated 24.12.208 executed by Shri Varkey, son of the petitioner and others in favour of the third respondent Trust. The total extent transferred is 55.198 cents in Sy. No.53/1A/3E. Only 22.698 cents was outstanding in his Thandaper Account who got the property from his father by gift deed Nos.2899/73 and 1371/1975 and the balance 32.500 cents of property was taken from the petitioner’s account and mutation has been effected. This was on the bonafide belief that the property was transferred. 3. It is mentioned in para 3 of the counter affidavit that after receipt of the representation, enquiry was conducted. Encumbrance certificate was taken from the Sub Registrar’s Office, Kothamangalam regarding the whole land comprised in Sy.No.53/1A/3E and found that the purchaser in the sale deed No.8147/2008 has no ownership in respect of 32.500 cents of property and the said transfer is illegal. It is pointed out that action is being taken by the respondents to cancel the said mutation and bring back 32.500 cents of land to the petitioner and accordingly the petitioner’s grievance will be redressed soon. wpc18974 /2009-N 3 4. Learned counsel for the petitioner therefore submitted that respondents 1 and 2 may be directed to complete the action within a time frame. Therefore, there will be a direction that further action to cancel the mutation wrongly effected and bring back the 32.500 cents of property to the petitioner will be completed within a period of two months from today and appropriate communication will be issued to the petitioner. Thereafter, the land tax in respect of the said extent of property will be received from the petitioner. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/