C.J. D. Charles Dilip Roy v. State of Kerala and Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE GOPINATH P.`** ``` THURSDAY, THE 15[TH] DAY OF JUNE 2023 / 25TH JYAISHTA, 1945 ``` ## **`WP(C) NO. 14172 OF 2023`** ## **`PETITIONER:`** ``` C.J. D. CHARLES DILIP ROY, AGED 52 YEARS, S/O CHELLADURAI, RESIDING AT 21, DR. DANIEL NAGAR, THOPPAMPATTI PIRIVU, K. VADAMADURAI P.O. KURUDAMPALAYAM, VADAMADURAI, COIAMABATORE, TAMIL NADU – 641 017. BY ADVS. RINNY STEPHEN CHAMAPARAMPIL ASHA ELIZABETH MATHEW ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REP. BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANTHAPURAM – 695 001. 2THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI – 685 603. 3THE TAHASILDAR (LAND RECORDS), UDUMBANCHOLA TALUK, IDUKKI DISTRICT – 685 554. 4THE VILLAGE OFFICER, SANTANPARA VILLAGE, IDUKKI DISTRICT – 685 619. ``` ``` SMT.DEEPA V. (G.P) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 14172 OF 2023 2 ## JUDGMENT Land conservancy proceedings were initiated against the predecessors in interest of the petitioner. This court through Ext.P16 judgment set aside the Land Conservancy proceedings on the basis of the declaration of law contained in a Division Bench judgment of this Court in Harrisons Malayalam Ltd. and another v. State of Kerala and another [2018(2) KHC 719] and held that it is open to the State to file a civil suit to establish its title over the property in accordance with the law. There was also a direction in Ext.P16 judgment that basic tax can be accepted from the petitioners in that case subject to any adjudication of title in the civil suit that may be filed by the State. The petitioner has thereafter purchased the property through Exts.P1 to P5 documents, all executed on 14.07.2021. 2. The petitioner has approached this Court praying for the following reliefs:- i. Issue a Writ in the nature of Mandamus or any other appropriate writ order or direction commanding respondents 3 and 4 to immediately mutate the land covered by Exhibits PI to P5 in the name of the WP(C) NO. 14172 OF 2023 3 petitioner and issue all revenue certificates including Possession Certificate, Plantation Certificate, ROR, location sketch without making any adverse endorsements on such certificates / documents and to issue land tax receipt without making any adverse endorsements pertaining to the Petitioner’s property covered by Exhibits P1 to P5 title deeds; ii. Issue a Writ in the nature of certiorari or any other appropriate writ, order or direction calling for all the records leading to Exhibit P23 and quash the original of the same as illegal and opposed to low; iii. Issue an Writ appropriate Writ, order or direction declaring that the Petitioner is entitled to get the land covered by Exhibits P1 to P5 sale deeds mutated in his name and to obtain all revenue certificates Including possession certificate, ROR, Plantation Certificate, location sketch without making any adverse endorsements on such certificates/documents and for issuance of land tax receipt for the current financial year without making any adverse endorsements pertaining to the petitioner’s property covered by Exhibits P1 to 5 title deeds and respondents are bound to mutate the land covered by Exhibits P1 to P5 in the name of the petitioner and to issue all revenue certificates to the petitioner in respect of the land covered by Exhibits P1 to P5 without making any endorsements thereon . WP(C) NO. 14172 OF 2023 4 3. The learned Government Pleader would fairly submits that the issue appears to be covered in favour of the petitioner by Ext.P26 judgment of this Court, where this Court had directed as follows:- “5. From Ext.P1, it is apparent that the petitioner herein has acquired title in respect of the property covered under Ext.P1. In view of the judgments referred above, proceedings under the Land Conservancy Act cannot be invoked in cases where the party concerned has valid title over the property. In such cases, the State will have to institute appropriate civil proceedings to establish its title. Until the civil court holds against the petitioner on the basis of evidence let in, no embargo can be placed on his right to enjoy his property or in dealing with the same in the manner he chooses. 6. Hence, the 5[th] respondent is directed to permit the petitioner to effect mutation over the property and also to issue Location sketch, ROR, Possession Certificate and other revenue certificates without making any adverse endorsements, immediately. However, it is made clear that the above order will be subject to the adjudication of the title in a Civil Suit, if any, instituted by the State.” 4. Having heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents, I am of the view that the petitioner is entitled to WP(C) NO. 14172 OF 2023 5 succeed. It must be noticed that through Ext.P16 judgment, this Court held that the State has to file a civil suit, if it wishes to establish title over the property held by the predecessors in interest of the petitioner. It is also specifically directed in that judgment that basic tax shall be accepted from the predecessors in interest of the petitioner. It is not disputed before me that the petitioner has claims right to the property in question through the petitioners in W.P(C)No.10014 of 2016. Therefore, there cannot be any basis for the stand taken in Ext.P23 that the property will not be mutated in favour of the petitioner and basic tax will not be accepted from him. Therefore, this writ petition is allowed. Ext.P23 is quashed. The respondents 3 and 4 are directed to mutate the property covered by Exts.P1 to P5 documents in favour of the petitioner subject to compliance with usual formalities and also issue Revenue certificates, if any, applied for by the petitioner without any endorsement. I make it clear that the mutation effected in favour of the petitioner, acceptance of land tax and issuance of Revenue certificates in terms of the directions contained in this judgment will not in any manner prevent the State from WP(C) NO. 14172 OF 2023 6 establishing its right over the property in question by filing a civil suit as already declared in Ext.P16 judgment. The writ petition will stand disposed of as above. Sd/GOPINATH P. JUDGE DK WP(C) NO. 14172 OF 2023 7 ## **`APPENDIX OF WP(C) 14172/2023`** ``` PETITIONER EXHIBITS Exhibit P1A TRUE COPY OF DOCUMENT NO.1052/2021 DATED 14/07/2021 OF SRO, RAJAKUMARY Exhibit P2A TRUE COPY OF DOCUMENT NO.1053/2021 DATED 14/07/2021 OF SRO, RAJAKUMARY Exhibit P3A TRUE COPY OF DOCUMENT NO.1054/2021 DATED 14/07/2021 OF SRO, RAJAKUMARY Exhibit P4A TRUE COPY OF DOCUMENT NO.1055/2021 DATED 14/07/2021 OF SRO, RAJAKUMARY Exhibit P5A TRUE COPY OF DOCUMENT NO.1056/2021 DATED 14/07/2021 OF SRO, RAJAKUMARY Exhibit P6TRUE COPY OF THE REGISTERED SALE DEED DATED 10-5-1976 EXECUTED BY A. S. NATARAJAN IN FAVOUR OF DR. ANNAMMA VARGHESE, BEARING REGISTRATION NO. 1063/1976, OF S.R.O, UDUMPANCHOLA Exhibit P7TRUE COPY OF THE REGISTERED SALE DEED DATED 10-5-1976 EXECUTED BY A.S. NATARAJAN IN FAVOUR OF THOMAS VARGHESE, BEARING REGISTRATION NUMBER 1064/1976 OF S.R.O, UDUMPANCHOLA ``` ``` Exhibit P8TRUE COPY OF THE REGISTERED SALE DEED DATED 10-5-1976 EXECUTED BY A. S. NATARAJAN IN FAVOUR OF GEORGE VARGHESE, BEARING REGISTRATION NUMBER 1065/1976, OF S.R.O, UDUMPANCHOLA ``` ``` Exhibit P9TRUE COPY OF THE REGISTERED SALE DEED DATED 10-5-1976 EXECUTED BY A. S. NATARAJAN AND PADMINI AMMAL (FOR AND ON BEHALF OF VASU) IN FAVOUR OF P.V. VARGHESE, BEARING REGISTRATION NUMBER 1066/1976, OF S.R.O, UDUMPANCHOLA ``` ``` Exhibit P10TRUE COPY OF THE REGISTERED SALE DEED DATED 10-5-1976 EXECUTED BY A.S. NATARAJAN AND PADMINIAMMAL (FOR AND ON BEHALF OF AMUDHA) IN FAVOUR OF P.V. VARGHESE, BEARING REGISTRATION NUMBER 1067/1976 OF S.R.O, UDUMPANCHOLA ``` ``` Exhibit P11 ``` ``` TRUE COPY OF THE REGISTERED SALE DEED DATED 10-5-1976 EXECUTED BY PADMINI ``` WP(C) NO. 14172 OF 2023 8 - `AMMAL IN FAVOUR OF P.V. VARGHESE, BEARING REGISTRATION NUMBER 1068/1976, OF S.R.O, UDUMPANCHOLA` - `Exhibit P12 TRUE COPY OF LAND TAX RECEIPT DATED 12/1/2011 IN RESPECT OF THANDAPER NO.733 ISSUED FROM SANTHANPARA VILLAGE OFFICE` - `Exhibit P13 TRUE COPY OF LAND TAX RECEIPT DATED 12/1/2011 IN RESPECT OF THANDAPER NO.734 ISSUED FROM SANTHANPARA VILLAGE OFFICE` - `Exhibit P14 TRUE COPY OF LAND TAX RECEIPT DATED 12/1/2011 IN RESPECT OF THANDAPER NO.744 ISSUED FROM SANTHANPARA VILLAGE OFFICE` ``` Exhibit P15TRUE COPY OF LAND TAX RECEIPT DATED 12/1/2011 IN RESPECT OF THANDAPER NO.753 ISSUED FROM SANTHANPARA VILLAGE OFFICE ``` ``` Exhibit P16 ``` ``` A TRUE COPY OF THE JUDGMENT DATED 14/9/2018 OF THIS HON'BLE COURT IN W.P.(C)NO.10014/2016 ``` - `Exhibit P17 TRUE COPY OF LAND TAX RECEIPT DATED 03/03/2023 IN RESPECT OF THANDAPER NO.733 ISSUED FROM SANTHANPARA` - `VILLAGE OFFICE` ``` Exhibit P18 ``` ``` Exhibit P19 ``` ``` Exhibit P20 ``` ``` Exhibit21 ``` ``` Exhibit P22 ``` ``` TRUE COPY OF LAND TAX RECEIPT DATED 03/03/2023 IN RESPECT OF THANDAPER NO.734 ISSUED FROM SANTHANPARA VILLAGE OFFICE ``` ``` TRUE COPY OF LAND TAX RECEIPT DATED 03/03/2023 IN RESPECT OF THANDAPER NO.744 ISSUED FROM SANTHANPARA VILLAGE OFFICE ``` ``` TRUE COPY OF LAND TAX RECEIPT DATED 12/04/2023 IN RESPECT OF THANDAPER NO.753 ISSUED FROM SANTHANPARA VILLAGE OFFICE ``` ``` A TRUE COPY OF THE JUDGMENT DATED 03/08/2021 OF THIS HON'BLE COURT IN W.P.(C) NO.14004/2021 ``` ``` A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 25/01/2022 ISSUED FROM THE OFFICE OF THE THIRD RESPONDENT ``` WP(C) NO. 14172 OF 2023 9 ``` Exhibit P23A TRUE COPY OF NOTICE NO. G1- 4768/2022 DATED 03/02/2023 ISSUED BY THE THIRD RESPONDENT Exhibit P24A TRUE COPY OF THE JUDGMENT DATED 18/2/2019 OF THIS HON'BLE COURT IN W.P.(C)NO.4647/2019 Exhibit P25A TRUE COPY THE JUDGMENT DATED 13/7/2020 OF THIS HON'BLE COURT IN WP(C) NO. 13736/2020 Exhibit P26A TRUE COPY OF THE JUDGMENT DATED 20/4/2021 OF THIS HON'BLE COURT IN W.P.(C) NO. 7787/2021 ```