High Court of KeralaSingle Judge2024-07-22Writ petition disposed of with directions as st...

M/S. OLIVIA HOSPITALITIES PVT. LTD. v. Revenue Divisional Officer, Office of the Revenue Divisional Officer, Alappuzha; Tahsildar (Land Records), Ambalappuzha; District Survey Superintendent Office, Alappuzha; Village Officer Mullackal; Alappuzha Municipality; Secretary, Alappuzha Municipality

Case / Petition Number:WP(C) NO. 17816 OF 2024

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Dr. Kauser Edappagath
Judgment Date: 2024-07-22
Court Decision / Holding: i. The 1st respondent is directed to dispose of Ext. P17 appeal after hearing the petitioner within four months from the date of receipt of a copy of this judgment. ii. The 1st respondent shall take into account Ext. P19 report filed by the 3rd respondent while taking a decision on Ext. P17. iii. The 1st respondent is free to call for necessary report from the remaining respondents, if necessary, for the purpose of disposing of the appeal. iv. The 4th respondent shall continue to accept the land tax from the petitioner provisionally, however, it shall be subject to the final outcome of the proceedings initiated under KLCA. v. Respondents 5 and 6 are directed to take a decision on the application for building number and issuance of occupancy certificate within one month from the date of receipt of a copy of this judgment. vi. Acceptance of land tax from the petitioner, as directed in this judgment, will not confer any title on the petitioner and shall be subject to the final outcome of KLCA proceedings.
Final Disposition: Writ petition disposed of with directions as stated in court decision; interim orders modified/continued as required; final outcome reserved to KLCA proceedings.

Parties to the Case

Appellants / Petitioners

M/S. OLIVIA HOSPITALITIES PVT. LTD.

Respondents

Revenue Divisional Officer, Office of the Revenue Divisional Officer, Alappuzha
Tahsildar (Land Records), Ambalappuzha Village Office, Ambalappuzha
District Superintendent of Survey, Alappuzha
Village Officer, Mullackal
Alappuzha Municipality
Secretary, Alappuzha Municipality

Legal Representation & Advocates

Counsels for Petitioners

• Adv R.K. Muraleedharan

Counsels for Respondents

• Adv Azad Babu R (for respondents 5 and 6)

Case Synopsis & Summary

The petitioner, a Limited Company, constructed a building on its property after obtaining a valid permit and plan from the 5th respondent Municipality, and the construction is now complete. The 2nd respondent initiated action under the Kerala Land Conservancy Act (KLCA) alleging encroachment into puramboke land, extending to puramboke land, and issued Ext. P16 under Section 12 KLCA and Rule 11 KLCR. The petitioner challenged Ext. P16 via Ext. P17 appeal before the 1st respondent, which remains pending. The grievance is that, notwithstanding the pendency of Ext. P17, the 4th respondent refused to accept land tax and the 5th and 6th respondents have not issued a building number or occupancy certificate, despite the building being ready for occupation. The court noted that the petitioner has been paying property tax, and interim directions were already issued directing the 4th respondent to accept land tax. The judgment disposes of the petition with directions: the 1st respondent to decide Ext. P17 within four months after hearing the petitioner and to consider Ext. P19 report; the 4th respondent to continue accepting land tax provisionally; the 5th and 6th respondents to decide on building number and occupancy certificate within one month; and that payment of land tax does not confer title and remains subject to final KLCA outcome.

Provisions of Law Cited

Kerala Land Conservancy Act, Section 12Kerala Land Conservancy Rules, Rule 11

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submitted that building construction was completed after obtaining permit and plan from the Municipality; despite the pending Ext. P17 appeal, the 4th respondent cannot refuse to accept land tax, and the 5th and 6th respondents must issue a building number and occupancy certificate, provided the applicant is otherwise entitled. The prayers sought mandamus to compel the 4th respondent to accept land tax and issue receipts (Ext. P22) and to direct the 5th and 6th respondents to issue building number and occupancy certificate on payment of Basic Land Tax.

Contentions of Respondents

The respondents argued that action under the KLCA and the pending Ext. P17 appeal necessitate examination by the statutory authorities; the dispute involves encroachment/puramboke land issues. The court was urged to await the decision on Ext. P17 and to ensure that any issuance of certificates or acceptance of tax aligns with final KLCA proceedings.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Judgment in WP(C) No. 3182/2020	WP(C) No. 3182/2020	Mentioned Only	Exhibit-P18 references this judgment; no discussion of its holdings is provided in the text.
Judgment in WP(C) No. 31691/2022	WP(C) No. 31691/2022	Mentioned Only	Exhibit-P21 references this judgment; the document does not state its specific holdings relevant to the present matter.

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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 DR. JUSTICE KAUSER EDAPPAGATH** **MONDAY, THE 22[ND] DAY OF JULY 2024 / 31ST ASHADHA, 1946 WP(C) NO. 17816 OF 2024** ## **PETITIONER:** **M/S. OLIVIA HOSPITALITIES PVT. LTD. REP. BY ITS MANAGING DIRECTOR SASIDHARAN SURENDRAN, THROUGH POWER OF ATTORNEY HOLDER ADARSH SASIDHARAN, AGED 46 YEARS, S/O. LATE SASIDHARAN THIRUVATHIRA, LANE NO. 22, KATTITHARA ROAD, KOCHI - 682304 ERNAKULAM DISTRICT, PIN - 682304** **BY ADV R.K.MURALEEDHARAN** ## **RESPONDENTS:** - **1 REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688013** - **2 THE TAHSILDAR (LAND RECORDS), AMBALAPPUZHA VILLAGE OFFICE, AMABALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688561** - **3 DISTRICT SUPERINTENDANT OF SURVEY, DISTRICT SURVEY SUPERINTENDANT OFFICE, ALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688001** - **4 THE VILLAGE OFFICER, VILLAGE OFFICE MULLACKAL, ALAPPUZHA DISTRICT, PIN - 688011** - **5 ALAPPUZHA MUNICIPALITY, ALAPPUZHA MUNICIPAL OFFICE, REP. BY ITS SECRETARY, POST ALAPPUZHA, ALAPPUZHA, PIN - 688001** - **6 THE SECRETARY, ALAPPUZHA MUNICIPALITY ALAPPUZHA MUNICIPAL OFFICE POST ALAPPUZHA,** ## **WP(C) NO. 17816 OF 2024** **==> picture [19 x 7] intentionally omitted <==** **ALAPPUZHA, PIN - 688001 BY ADV AZAD BABU R,SC** ## **OTHER PRESENT:** **RAJEEV GEORGE, GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **WP(C) NO. 17816 OF 2024** **==> picture [19 x 9] intentionally omitted <==** ## **J U D G M E N T** The petitioner which is a Limited Company incorporated under the Companies Act started construction of a building in its property after obtaining a valid permit and plan from the 5th respondent, the Municipality. It is submitted that the construction has been completed now. In the meanwhile, the 2nd respondent initiated proceedings under the Kerala Land Conservancy Act against the petitioner Company on the ground that they have encroached into puramboke land and the construction is extended to that puramboke land as well. The 2nd respondent issued Ext.P16 notice under Section 12 of the Kerala Land Conservancy Act and Rule 11 of the Kerala Land Conservancy Rules to the petitioner. Challenging Ext.P16, the petitioner preferred Ext.P17 appeal before the 1st respondent, which is still pending. The grievance of the petitioner is that in view of the pendency of Ext.P17, the th 4 respondent is not accepting land tax from him and respondents 5 and 6 are not allotting building number, occupancy certificate etc., even though the construction of the **WP(C) NO. 17816 OF 2024** ..4.. building is over and ready for occupation. It is in these circumstances, the petitioner has approached this Court with the following prayers:- - “ i) issue a writ of mandamus or any other appropriate writ order or direction directing the 4th respondent to accept land tax and issue similar receipt produced as Ext P22; - ii) issue a writ of mandamus or any other appropriate writ order or direction directing the 5th and 6th respondents to allot building number, occupancy certificate etc., to the petitioner on submission of the application through online along with the proof of remittance of Basic Land Tax;” 2. I have heard the learned counsel for the petitioner, Sri.R.K.Muraleedharan, Sri.R.Azad Babu, the learned standing counsel for respondents 5 and 6 and the learned Government Pleader, Sri.Rajeev Jyothish George. 3. It is not in dispute that the petitioner has been paying property tax in respect of the property where the entire building is constructed. However, after the initiation of the proceedings under the Kerala Land Conservancy Act against the petitioner, the 4th respondent refused to accept the land tax from the petitioner. **WP(C) NO. 17816 OF 2024** **==> picture [18 x 9] intentionally omitted <==** 4. This Court, by way of interim direction, directed the th 4 respondent to accept the land tax from the petitioner. Accordingly, the petitioner has been paying the tax. For the mere reason that the appeal against Ext.P16 notice is pending before the 1st respondent, the 4th respondent cannot refuse to accept the tax from the petitioner. So also for the only reason that Ext.p17 appeal is pending, respondents 5 and 6 cannot deny allotting building number and issuance of occupancy certificate to the petitioner, if it is otherwise legally entitled to the same. In these circumstances, the writ petition is disposed of as follows: - i. The 1st respondent is directed to dispose of Ext.P17 appeal after hearing the petitioner within a period of four months from the date of receipt of a copy of this judgment. - ii. The 1st respondent shall take into account Ext.P19 report filed by the 3rd respondent while taking a decision on Ext.P17. - iii. The 1st respondent is free to call for necessary report from the remaining respondents, if necessary, for the purpose of disposing of the appeal. - iv. The 4th respondent shall continue to accept the land tax **WP(C) NO. 17816 OF 2024** **==> picture [19 x 9] intentionally omitted <==** from the petitioner provisionally, however, it shall be subject to the final outcome of the appeal. v. Respondents 5 and 6 are directed to take a decision on the application filed by the petitioner for allotting building number and also issuing and occupancy certificate within a period of one month from the date of receipt of a copy of this judgment. vi. The acceptance of land tax from the petitioner, as directed in this judgment, will not confer any title on the petitioner and shall be subject to the final outcome of the proceedings initiated against the petitioner under the Kerala Land Conservancy Act. Sd/- **DR.KAUSER EDAPPAGATH, JUDGE** AS ## **WP(C) NO. 17816 OF 2024** ..7.. ## **APPENDIX OF WP(C) 17816/2024** |**PETITIONER EXHIBITS**|**PETITIONER EXHIBITS**| |---|---| |**EXHIBIT-P1**|**TRUE COPY OF THE CERTIFICATE OF**| ||**INCORPORATION** **OF** **REGISTRAR** **OF**| ||**COMPANIES, KERALA IN FORM 1**| |**EXHIBIT-P2**|**TRUE COPY OF THE DOCUMENT NO. 623/07**| ||**OF SRO, ALAPPUZHA DATED 09.02.2007**| |**EXHIBIT-P3**|**TRUE COPY OF THE RECTIFICATION**| ||**DOCUMENT DATED 18.06.2011 EXECUTED BY**| ||**THE LEGAL HEIRS OF SYRIAC**| |**EXHIBIT-P4**|**TRUE COPY OF THE DOCUMENT NO. 1508/07**| ||**OF SRO, ALAPPUZHA DATED 02.04.2007**| |**EXHIBIT-P5**|**TRUE COPY OF THE RECTIFICATION**| ||**DOCUMENT** **NO.** **2642/1/11** **DATED**| ||**18.06.2011**| |**EXHIBIT-P6**|**TRUE COPY OF THE DOCUMENT NO. 1324/11**| ||**DATED 23.03.2011 OF SRO, ALAPPUZHA**| |**EXHIBIT-P7**|**TRUE COPY OF THE RECTIFICATION**| ||**DOCUMENT NO. 2643/1/11 OF SRO**| ||**ALAPPUZHA DATED 18.06.2011**| |**EXHIBIT-P8**|**TRUE COPY OF THE BASIC TAX RECEIPT**| ||**ISSUED BY THE 4TH RESPONDENT DATED**| ||**02.01.2013**| |**EXHIBIT-P9**|**TRUE COPY OF THE NO OBJECTION**| ||**CERTIFICATE DATED 17.11.2012 ISSUED BY**| ||**THE COMMANDANT GENERAL, FIRE AND**| ||**RESCUE SERVICES**| |**EXHIBIT-P9(A)**|**TRUE COPY OF INTEGRATED CONSENT TO**| ||**ESTABLISH ISSUED BY THE KERALA STATE**| ||**POLLUTION** **CONTROL** **BOARD** **DATED**| ||**09.01.2014**| |**EXHIBIT-P9(B)**|**TRUE** **COPY** **OF** **THE** **POSSESSION**| ||**CERTIFICATE OBTAINED FROM THE 4TH**| ||**RESPONDENT DATED 03.01.2013**| ## **WP(C) NO. 17816 OF 2024** ..8.. **EXHIBIT-P10** **TRUE COPY OF THE BUILDING PERMIT NO. E3B/2139/10 ISSUED BY 6TH RESPONDENT DATED 29.05.2015** **EXHIBIT-P11 TRUE COPY OF THE PHOTOGRAPHS OF THE BUILDING** - **EXHIBIT-P12** - **TRUE COPY OF THE ORDER N5-18754/17 OF THE 2ND RESPONDENT DATED 16.01.2019** - **EXHIBIT-P13 TRUE COPY OF THE COVERING LETTER DATED 18.09.2019 AND THE REPORT AND FORM A SUBMITTED BY THE 4TH RESPONDENT** - **EXHIBIT-P14 TRUE COPY OF THE FORM B ISSUED BY THE 2ND RESPONDENT DATED 17.10.2019** - **EXHIBIT-P15 TRUE COPY OF THE STATEMENT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 11.11.2019 EXCLUDING THE ENCLOSURES** - **EXHIBIT-P16 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 21.01.2020 AND FORM C NOTICE DATED 21.01.2020** - **EXHIBIT-P17 TRUE COPY OF THE APPEAL FILED BEFORE THE 1ST RESPONDENT DATED 29.01.2020** - **EXHIBIT-P18 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 3182/2020 DATED 05.02.2020** - **EXHIBIT-P19 TRUE COPY OF THE REPORTS DATED 16.02.2021 SUBMITTED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT OBTAINED UNDER THE RTI ACT** - **EXHIBIT-P20 TRUE COPY OF THE BASIC TAX REGISTER OF SURVEY BLOCK 100 OF MULLACKAL VILLAGE, AMBALAPUZHA TALUK RECEIVED UNDER RTI ACT** - **EXHIBIT-P21 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 31691/2022 DATED 26.10.2022** - **EXHIBIT-P22 TRUE COPY OF THE BASIC LAND TAX RECEIPT DATED 21.12.2022** - **EXHIBIT-P23** - **TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD DATED 23.09.2023** ## **WP(C) NO. 17816 OF 2024** ..9.. ## **EXHIBIT-P24** **TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DEPARTMENT OF FIRE AND RESCUE DATED 07.02.2024**