High Court of KeralaSingle JudgeWrit petition disposed of; Tahsildar directed t...

Bijin P.J. v. Tahsildar, Taluk Office Kanayannur Taluk Ernakulam District; Village Officer Edappilly North Village Edappilly, Ernakulam District

Case / Petition Number:WP(C) No. 35363 of 2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Murali Purushothaman, J.
Judgment Date
2023-12-21
Court Decision / Holding
The writ petition is disposed of. There will be a direction to the 1st respondent, Tahsildar, to consider the petitioner’s application for mutation of the properties covered by Exts. P7 and P8 afresh without insisting on prior title deed, if the application is otherwise in order. This shall be done within six weeks from the receipt of a copy of this judgment.
Final Disposition
Writ petition disposed of; Tahsildar directed to consider mutation afresh within six weeks without insisting on prior title deed.

Parties to the Case

Appellants / Petitioners

  • Bijin P.J.

Respondents

  • The Tahsildar, Taluk Office Kanayannur Taluk, Ernakulam District
  • Village Officer, Edappilly North Village, Edappilly, Ernakulam District

Legal Representation & Advocates

Counsels for Petitioners

  • • V.M.Krishnakumar
  • • P.R.Reena

Counsels for Respondents

  • • Smt. Deepa Narayanan – GP

Case Synopsis & Summary

The petitioner, Bijin P.J., seeks mutation of revenue records to reflect ownership of a total extent of 10.62 acres (7.01 Ares in Re. Sy. No. 9/2 and 3.61 Ares in Re. Sy. No. 9/3) in the name of his wife, Silja Jose, based on sale deeds Exts. P2, P7, and P8. He argues that under Section 3 of the Land Tax Act, 1961, he is the land holder and that mutation should be granted if the application is otherwise in order, without requiring prior title deeds. The 1st respondent Tahsildar rejected mutation for 3.61 Ares in 9/3 on the ground that it is not included in the prior deed (Ext. P2), and the 2nd respondent Village Officer refused mutation due to lack of valid documents. The petitioner relies on decisions in Synudheen v. State of Kerala, Vijayalakshmi v. Tahsildar, and Renjith District Collector to argue that the Tahsildar cannot adjudicate on title derivation or insist on prior title documents while recording mutations. The respondents contend that the petitioner has not proven his right over 3.61 Ares in 9/3 and that mutation was rightly refused. The court relies on established precedents to hold that revenue authorities cannot verify title derivation in mutation. It directs the Tahsildar to reconsider the mutation of Exts. P7 and P8 afresh, without insisting on prior title deeds, if otherwise in order, within six weeks, and disposes of the petition.

Provisions of Law Cited

Section 3 of the Land Tax Act, 1961Transfer of Registry Rules, 1966Rule 10 of the Transfer of Registry Rules, 1966

Legal Doctrines & Maxims

  • Tahsildar cannot sit in appeal over or decide on the validity of a document while effecting mutation under the Transfer of Registry Rules.
  • Revenue authorities have no right to verify the derivation of title while effecting transfer of Registry and cannot insist on prior documents to examine the right of the petitioner to convey the property.
  • Tahsildar has no power to examine vexed issues of title and cannot refuse mutation on the ground that the applicant does not have right to alienate the property.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that where there is no objection from third parties, mutation should be effected by the Village Officer with dispatch under Rule 10 of the Transfer of Registry Rules, 1966, without delving into the derivation of title. He relies on Synudheen v. State of Kerala (2013) (1) KLT 221) and Vijayalakshmi v. Tahsildar (2019) (2) KLT 373 to assert that the Tahsildar cannot examine title or insist on prior title documents for mutation, and argues the 3.61 Ares in 9/3 is not required to be substantiated by Ext. P2. The petitioner seeks mutation in favour of his wife for Exts. P7 and P8.

Contentions of Respondents

Respondents argue that 3.61 Ares in 9/3 transferred via Ext. P7 is not included in Ext. P2, and the petitioner has failed to prove his right over this portion. The mutation application was rightly rejected by the Tahsildar, and no valid documents were produced to establish entitlement. The Village Officer cannot be compelled to mutate without proper title documents. The Government Pleader relies on the controlling precedents to justify the Revenue authorities’ role in examining title only to the extent required for mutation, and to maintain caution against admitting unverified title claims.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Synudheen v. State of Kerala2013 (1) KLT 221PositiveThe court relies on this decision to hold that the Tahsildar cannot sit in appeal over the validity of a document when effecting mutation.
Vijayalakshmi v. Tahsildar2019 (2) KLT 373PositiveThe court cites this case to support that Tahsildar has no power to examine vexed issues of title or to refuse mutation for lack of prior title.
Renjith District Collector2019 (1) KLT 164PositiveThe court cites that mutation authority cannot decide on the validity of a document or the title of a previous owner.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN`** ## **`THURSDAY, THE 21[ST] DAY OF DECEMBER 2023 / 30TH AGRAHAYANA,`** ## **`1945`** ## **`WP(C) NO. 35363 OF 2023`** ## **`PETITIONER:`** ``` BIJIN.P.J, AGED 37 YEARS S/O P.D. JACOB, PAZHAYAKKATTU HOUSE, NEAR AQUINAS COLLEGE EDAKKOCHI, ERNAKULAM DISTRICT, PIN - 682010 ``` ``` BY ADVS. V.M.KRISHNAKUMAR P.R.REENA ``` ## **`RESPONDENTS:`** - `1 THE TAHSILDAR, TALUK OFFICE KANAYANNUR TALUK ERNAKULAM DISTRICT, PIN - 682011` - `2 VILLAGE OFFICER EDAPPILLY NORTH VILLAGE EDAPPILLY, ERNAKULAM DISTRICT, PIN – 682024` ``` SMT. DEEPA NARAYANAN – GP ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(c) No. 35363 of 2023 2 ## **JUDGMENT** The petitioner states that he is the owner of an extent of 7.01 Ares of land in Re. Sy. No. 9/2 of Edappally North Village purchased as per Ext.P2 sale deed from one Greeshla. Smt. Greeshla was also having possession of 3.61 Ares of land in Re. Sy. No. 9/3 of the same village and the said land was also handed over to the petitioner along with the property conveyed by Ext. P2. The entire extent of 10.62 Ares, ie., 7.01 Ares of land in Re. Sy. No. 9/2 and 3.61 Ares in Re. Sy. No. 9/3 was mutated in the name of the petitioner and was assigned with thandaper account No. 14598 of Edappally North Village as per Ext. P3 'thandeper kanakku' and Exts. P4 and P5 thandaper accounts. Ext. P6 is the basic tax receipt showing payment of land tax in respect of the aforesaid properties. W.P.(c) No. 35363 of 2023 3 2. The petitioner transferred 3.61 Ares of land in Re. Sy. No. 9/3 and 2.89 Ares of land in Re. Sy. No. 9/2 in favour of his wife Smt. Silja Jose as per Ext. P7 settlement deed. The petitioner also transferred the balance extent of 4.12 Ares in Re. Sy. No. 9/2 in favour of Smt. Silja Jose as per Ext. P8 settlement deed. Thus, as per Exts. P7 and P8 settlement deeds, the petitioner had transferred the entire extent of 10.62 Ares in favour of his wife. 3. The petitioner and his wife submitted application in Form No. 1 of the Transfer of Registry Rules, 1966 before the 2[nd] respondent, the Village Officer for effecting mutation of the said properties in favour of Smt. Silja Jose in the revenue records. The petitioner states that the respondents have not effected mutation on the ground that the extent of 3.61 Ares of land in Re. Sy. No. 9/3 conveyed to Smt. W.P.(c) No. 35363 of 2023 4 Silja Jose as per Ext. P7 is not included in the prior deed, i.e, Ext. P2. 4. The petitioner states that, as per Section 3 of the Land tax Act, 1961, he is the 'land holder' in respect of the properties sought to be mutated. It is further stated that he is in possession of the extent of 3.61 Ares of land in Re. Sy. No. 9/3 and the respondents cannot refuse mutation of property by insisting on prior title deed. The petitioner has, therefore, filed this writ petition for direction to the respondents to effect mutation of the properties covered by Exts. P7 and P8. 5. A counter affidavit has been filed by the 1[st] respondent, the Tahsildar, stating that the 3.61 Ares of land in Re. Sy. No. 9/3 transferred as per Ext. P7 settlement deed is not included in Ext. P2 prior deed and the petitioner has no right over the said extent of W.P.(c) No. 35363 of 2023 5 land and accordingly, the application for effecting mutation of the properties covered by Ext. P7 settlement deed was rejected vide letter No. S210141/22 dated 12.10.2022. 6. Heard Sri. Ranjith Thampan, the learned Senior counsel for the petitioner and Smt. Deepa Narayanan, the learned Senior Government Pleader for the respondents. 7. Sri. Ranjith Thampan would contend that when there is no objection raised by any third party in effecting mutation, the respondents ought to have passed orders on the application with dispatch without any further enquiry, following the procedure stipulated under Rule 10 of the Transfer of Registry Rules, 1966. Sri. Ranjith, referring to the decisions of this Court in **Synudheen** _**v**_ **. State of Kerala [2013 (1) KLT 221]** and **Vijayalakshmi** _**v**_ **. Tahsildar** W.P.(c) No. 35363 of 2023 6 **[2019 (2) KLT 373]** , contends that, for the purpose of effecting mutation, the Village Officer cannot look into the derivation of title of the vendor. It is contended that the respondents cannot refuse mutation on the ground that prior title deed of the property is not produced. 8. Smt. Deepa would contend that the petitioner has not produced any valid document to prove his right over the 3.61 Ares of land in Re. Sy. No. 9/3. Referring to the averments in the counter affidavit, Smt.Deepa submits that the writ petition has to be dismissed. 9. In **Synudheen** (supra), this Court has held that the Tahsildar cannot sit in appeal over or decide on the validity of a document while effecting mutation _**v**_ **.** under the Transfer of Registry Rules. In **Renjith District Collector [2019 (1) KLT 164]** , this Court W.P.(c) No. 35363 of 2023 7 held that the mutation granting authority cannot decide on the validity of a document and the title of the previous owner. In **Vijayalakshmi** (supra), this Court held that the Tahsildar as the authority concerned with grant of mutation and Transfer of Registry, has no power to examine vexed issues of title and cannot refuse mutation on the ground that the applicant does not have right to alienate the property. Thus, it is trite law that the revenue authorities have no right to verify derivation of title while effecting transfer of Registry and cannot insist for prior documents to examine the right of the petitioner to convey the property. 10. Accordingly, there will be a direction to the 1st respondent, Tahsildar to consider the application of the petitioner for mutation of the properties covered by Ext. P7 settlement deed afresh without W.P.(c) No. 35363 of 2023 8 insisting for prior title deed, if the application is otherwise in order. This shall be done within a period of six weeks from the date of receipt of a copy of this ## judgment. The writ petition is disposed of. **Sd/-** bnu **MURALI PURUSHOTHAMAN JUDGE** W.P.(c) No. 35363 of 2023 9 ## **`APPENDIX`** ## `PETITIONER’S EXHIBITS` ``` Exhibit P1TRUE COPY OF THE RELEVANT PAGE OF BASIC TAX REGISTER OF EDAPPALLY NORTH VILLAGE SHOWING PROPERTY IN RE SY NO 9 OF EDAPPALLY NORTH VILLAGE HAVING A TOTAL EXTENT OF 34.66 ARES OF LAND ``` ``` Exhibit P2TRUE COPY OF THE SALE DEED NO 1379/1/2021 DATED 30.04.2021 Exhibit P3TRUE COPY OF THE 'THANDAPPER KANAKKU', THANDAPER ACCOUNT 14598 OF THE EDAPPALLY NORTH VILLAGE AS REGARDS 7.01 ARES IN RE SY NO 9/2 AND 3.61 ARES IN RE SY NO 9/3 Exhibit P4TRUE COPY OF THE DETAILS OF THANDAPPER ACCOUNT 14598 OF EDAPPALLY NORTH VILLAGE FOR 3.61 ARES IN RE SY NO 9/3 Exhibit P5TRUE COPY OF THE DETAILS OF THANDAPPER ACCOUNT 13159 OF EDAPPALLY NORTH VILLAGE FOR 7.01 ARES IN RE SY NO 9/2 Exhibit P6TRUE COPY OF BASIC TAX RECEIPT DATED 06.07.2021 OF PETITIONER'S PROPERTY Exhibit P7TRUE COPY OF THE SALE DEED NO 1085/1/2022 DATED 17.03.2022 Exhibit P8TRUE COPY OF THE SALE DEED NO.2135/1/2023 DATED 12.06.2023 ```