High Court of KeralaSingle JudgeDisposed of

Catholic Diocese of Vijayapuram v. State of Kerala

Case / Petition Number:WP(C) No. 17538 of 2020

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P.V. Kunhikrishnan
Judgment Date
2021-07-28
Court Decision / Holding
Ext.P3 is quashed. The 2nd respondent is directed to consider Ext.P2 and effect transfer of registry of the property covered by Ext.P1 in the petitioner’s name and to receive property tax, within one month. The respondents are free to proceed against the property under law, but mutation and tax payment shall continue subject to the outcome of such action. The writ petition is disposed of accordingly.
Final Disposition
Disposed of

Parties to the Case

Appellants / Petitioners

  • Catholic Diocese of Vijayapuram

Respondents

  • The State of Kerala
  • The Tahsildar Devikulam, Idukki District
  • The Tahsildar (Land Records) Devikulam, Idukki

Legal Representation & Advocates

Counsels for Petitioners

  • • Mathew John (K)
  • • Sri Mathew Devassi
  • • Sri A B Augustine

Counsels for Respondents

  • • Sri Ranjith Thampan, Addl. Advocate General
  • • Sri Y. Jafar Khan, GP

Case Synopsis & Summary

The Catholic Diocese of Vijayapuram filed a writ petition challenging the Tahsildar’s Ext.P3 order which rejected the mutation of a land parcel in Sy. No.62/3A, KDH Village, held through various transfers, including a SARFAESI sale to the Diocese. The property, originally part of Tata Tea Limited, passed through multiple intermediaries before being purchased by the petitioners under Ext.P1. Ext.P2 sought mutation of the registry in the petitioner's name and for the property tax to be collected by the local authority. Ext.P3, however, stated that the land is Government land and that the Government intends to take proceedings against it, thus denying mutation and tax acceptance based on Ext.P1. The petition argued that mutation does not create or extinguish title, nor does it confer any presumptive value on title; it also pointed out that the petitioner is in possession. The Government contends the land is public property and mutation would interfere with government action. The court held that mutation and payment of tax do not by themselves determine title and that Ext.P3’s refusal could not stand. It quashed Ext.P3 and directed the Respondent 2 to consider Ext.P2, transfer registry in the petitioner's name, and accept property tax, subject to any future action by the Government, to be completed within a month.

Legal Doctrines & Maxims

  • Mutation of property and payment of land revenue will not by itself create or extinguish title, nor have any presumptive value on title (Sawarni v. Inder kaur and others, 1996 (6) SCC 223)
  • Mutation and acceptance of tax do not by themselves create or extinguish title (Larson T. George v. State of Kerala, 2019 (1) KLT 128)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submitted that Ext.P3 wrongly records the land as Government property and rejects Ext.P2 for mutation despite Ext.P1 being a registered sale deed. It argued that mutation and the receipt of property tax are administrative acts that do not affect title; possession is established and Ext.P1 shows sale in petitioner’s favour. Thus, mutation should be allowed, and tax should be accepted, with a caveat that government action may still proceed against the land. It contended Ext.P3’s inference is unfounded and contrary to law, and that the court should direct mutation and tax collection while preserving the Government’s right to act.

Contentions of Respondents

The respondents contended that the land is Government property, evidenced by Ext.P3 and the schedule in Ext.P1 naming the tenure as pandaravaka. They argued that mutation, if allowed, would hamper the Government’s intended actions against the property. They maintained that Ext.P3 should stand and mutation and tax collection should be refused to prevent prejudice to public ownership. They asserted that government action could still be pursued notwithstanding mutation.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Sawarni v. Inder kaur and others1996 (6) SCC 223PositiveCited to support the proposition that mutation and payment of land revenue do not by themselves create or extinguish title.
Larson T. George v. State of Kerala2019 (1) KLT 128PositiveCited to reinforce the principle that mutation and tax receipt do not confer title or have presumptive value on title.

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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 P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 28[TH] DAY OF JULY 2021 / 6TH SRAVANA, 1943** ## **WP(C) NO. 17538 OF 2020** ## **PETITIONER:** ## **CATHOLIC DIOCESE OF VIJAYAPURAM** **VIJAYAPURAM BISHOP'S HOUSE, POST BOX NO.82, KOTTAYAM-686 001, REPRESENTED BY ITS RT.REV DR.SEBASTIAN, THEKKETHECHERIL HOUSE, REPRESENTED BY HIS DULY CONSTITUTED POWER OF ATTORNEY REV.AJI.C.GEORGE, VIJAYAPURAM BISHOP HOUSE, COLLECTORATE POST, KOTTAYAM.** **BY ADVS. MATHEW JOHN (K) SRI.MATHEW DEVASSI SRI.ABY J AUGUSTINE** ## **RESPONDENTS:** - **1 THE STATE OF KERALA** - **REP BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.** - **2 THE TAHSILDAR DEVIKULAM, IDUKKI DISTRICT-685 613.(SUBSTITUTED)** ***R2: THE TAHSILDAR(LAND RECORDS) DEVIKULAM, IDUKKI-685 613** **(PRESENT R2 IS SUBSTITUTED AS ABOVE AS PER ORDER DATED 14.12.2020 IN I.A.01/2020 IN WP(C)17538/2020 N)** ## **BY ADV SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENERAL** ## **SRI.Y.JAFAR KHAN, GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 17538 OF 2020** **2** ## **P.V.KUNHIKRISHNAN, J.** ## **=================== WP(C) No. 17538 OF 2020 =================== Dated this the 28[th] day of July 2021** ## **J U D G M E N T** ## The above writ petition is filed with following prayers; “ i. Call for the records leading up to Ext.P5 and issue a writ in the nature of certiorari or any other appropriate writ, direction or order quashing Ext.P3. ii. Issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the 2[nd] respondent to forthwith grant the prayer in Ext.P2 application and effect transfer of registry of the property covered by Ext.P1 sale deed in the name of the petitioner and receive property tax in respect of the said property. iii. Issue such other writ, direction or order as are just and necessary in the facts and circumstances of the case to meet the ends of justice.” 2. According to the petitioner, an extent of 7.15 Ares of land in Sy. No.62/3A of KDH Village was originally belonged to M/s Tata Tea Limited a company incorporated in **WP(C) NO. 17538 OF 2020** **3** India having its registered office at Calcutta. It is stated in the writ petition that the said property was sold vide sale deed No. 1005/1983 of Devikulam SRO to one Mr. Babu Peter, S/o K.E.Peter. It is also stated in the writ petition that by successive transfers the property came in the possession of one Jerry George Cherian, S/o K.George Cherian as per sale deed No. 845/2005 of Devikulam SRO. Mr. Jerry George Cherian mortgaged this property together with the buildings therein with the State Bank of Travancore and availed cash credit facility on the strength of the said mortgage. There was default in repaying the amount due to the bank. Consequently, the SARFAESI proceedings were initiated against Mr. Jerry George Cherian. The property was put in SARFAESI sale. The petitioner purchased the property in the sale and Ext.P1 is the registered sale certificate. The petitioner submitted that, Ext.P2 is the application for mutation. As per Ext.P3, the application of the petitioner is rejected saying that, the property obtained by the petitioner **WP(C) NO. 17538 OF 2020** **4** is a government land. Aggrieved by the same this writ petition is filed. 3. Heard the counsel for the petitioner and the Government Pleader. 4. The counsel for the petitioner reiterated his contention in the writ petition. The counsel takes me through Ext.P3 order passed by the Tahsildar. The counsel submitted that the transfer of properties are admitted in Ext.P3. But, in Ext.P3 it is stated that it is a Government land and the Government is taking steps to recover the land. The counsel submitted that admittedly the petitioner is in possession of the property. The counsel also submitted that the same is not disputed by the respondents in their statement. In such circumstances, there may be a direction to mutate the property and there may be a further direction to accept tax. 5. The Government Pleader submitted that it is a Government land. The Government Pleader takes me **WP(C) NO. 17538 OF 2020** **5** through Ext.P1 deed. In the schedule to the document, the tenure of the property is mentioned as 'pandaravaka'. The Government Pleader submitted that after knowing that it is a Government land, the petitioner purchased the property and that itself shows that the petitioner is aware of the fact that it is a Government land. Therefore the Government Pleader submitted that there is nothing to interfere in Ext.P3 order. 6. Admittedly the petitioner is in possession of the property covered by Ext.P3. It is true that, in Ext.P3 order, it is stated that, it is a Government land and the property cannot be mutated and the tax cannot be accepted from the petitioner based on Ext.P1. It is clear from Ext.P3 that the Government intend to take some proceedings against the property. The intention to proceed against the property is not a reason to deny mutation and similarly for that reason acceptance of tax cannot be refused. Mutation of property and acceptance of tax will not by itself either create or extinguish title nor has it any presumptive value on title and **WP(C) NO. 17538 OF 2020** **6** it only enables the person in whose favour, mutation has been effected to pay land revenue in question **(** _**Sawarni v. Inder kaur and others**_ **[1996 (6) SCC 223]** and **Larson T. George v. State of Kerala [2019 (1) KLT 128]).** Hence, even if there is any intention on the part of the Government to proceed against the property of the petitioner, the mutation and acceptance of tax is not a bar for taking such action. I leave open all those contentions of the respondents. But, subject to the result of such action, if any, the respondents are bound to mutate the property and accept tax. Therefore, this writ petition is disposed of in the following manner: 1. Ext.P3 order is quashed. 2. The 2[nd] respondent is directed to consider Ext.P2 application and effect transfer of registry of the property covered by Ext.P1 sale deed in the name of the petitioner and receive **WP(C) NO. 17538 OF 2020** **7** property tax in respect of the said property. 3. The above exercise should be completed by - the 2[nd] respondent, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. 4. The respondents are free to proceed against the property of the petitioner in accordance to law, if they intend to do so. 5. The payment of tax and mutation of the property will be subject to the result of such action, if any, initiated by the Government. With the above observations, this writ petition is disposed of. _(Sd/-)_ **P.V.KUNHIKRISHNAN JUDGE** LU/JV **WP(C) NO. 17538 OF 2020** **8** ## **APPENDIX OF WP(C) 17538/2020** PETITIONER EXHIBITS - EXHIBIT P1 TRUE COPY OF THE REGISTERED SALES CERTIFICATE DATED 16/11/2016 REGISTERED WITH THE SUB REGISTRAR'S OFFICE, DEVIKULAM. - EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 16/11/2016 FORWARDED BY THE SUB REGISTRAR DEVIKULAM IN THE NAME OF THE PETITIONER. - EXHIBIT P3 TRUE COPY OF THE UNDATED ORDER ISSUED IN JANUARY 2017 BY THE 2ND RESPONDENT REJECTING EXT.P2 APPLICATION. - EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED INFAVOUR OF THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT ON 4/01/2017. EXHIBIT P5 TRUE COPY OF THE COVERING LETTER DATED 15/2/2017 OF THE STATE PUBLIC INFORMATION OFFICER FORWARDING A COPY OF THE KANNAN DEVAN HILLS (RESUMPTION OF LANDS) AMENDMENT BILL 2000. RESPONDENTS EXHIBITS : EXHIBIT R2 (A) THE TRUE COPY OF THE RELEVANT PAGES OF THE ORDER OF THE LAND BOARD, KERALA DATED 29.03.1974. //TRUE COPY// PA TO JUDGE