High Court of KeralaSingle JudgeWrit petitions allowed with time-bound directio...

SHAJI M U v STATE OF KERALA & ORS

Case / Petition Number:WP(C) Nos. 25361/2021; 25437/2021; 25414/2021

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Devan Ramachandran
Judgment Date
2021-12-03
Court Decision / Holding
The writ petitions are allowed. The court directs the petitioners to file appropriate applications before the competent authority within two weeks from receipt of a copy of the judgment for transfer of Registry and remittance of land tax; the Authority shall consider the applications expeditiously, but not later than one month from receipt of the judgment copy; pending ceiling cases shall not be a ground to reject relief, and the petitioners will be bound by the final outcomes of the Kerala Land Reforms Act proceedings, with no additional rights beyond those provided by law.
Final Disposition
Writ petitions allowed with time-bound directions for filing and expeditious consideration of registry transfer and tax remittance, and with caution that pending ceiling proceedings do not bar relief and that no extra equitable rights are created beyond statutory entitlement.

Parties to the Case

Appellants / Petitioners

  • SHAJI M U
  • SHAJI O.M
  • SOJU THOMAS

Respondents

  • State of Kerala represented by the Secretary to Government, Department of Revenue, Government Secretariat, Thiruvananthapuram; Tahsildar, Ranni Taluk Office, Ranni; Tahsildar (Land Records), Ranni Taluk Office, Ranni; Village Officer, Vadasserikkara; SMT. K. Amminikutty, Sr. GP

Legal Representation & Advocates

Counsels for Petitioners

  • • P. Haridas
  • • Biju Hariharan
  • • P.C. Shijin
  • • Rishikesh Haridas

Counsels for Respondents

  • • SMT. K. AMMINIKUTTY, SR. GP

Case Synopsis & Summary

These writ petitions challenge the inaction of the jurisdictional authorities regarding the transfer of Registry of properties and remittance of land tax under the Kerala Land Reforms Act. The petitioners, who claim ownership of their respective properties at Vadasserikkara, Ranni Taluk, seek expeditious transfer of Registry and permission to remit land tax, arguing there is no embargo under the Kerala Land Reforms Act preventing such relief. They rely on sale deeds to establish title and cite a prior judgment, Devasia v. Sub-Registrar (2015) (1 KLT 825), to contend that pending ceiling proceedings should not bar transfer and tax remission. The respondents, represented by the State and government pleaders, counter that the petitions are premature since no formal applications for transfer or remittance have been filed and that pending ceiling investigations may affect final relief. The court, after hearing the Senior Government Pleader, holds that the petitioners are entitled to seek relief and that pending ceiling cases do not by themselves preclude transfer or remittance, as these remedies would still be subject to final proceedings under the Kerala Land Reforms Act. Accordingly, the court directs filing of appropriate applications within two weeks from the copy of the judgment, to be considered expeditiously and no later than one month, with a clarification that pendency of ceiling cases does not create special rights beyond legal entitlement.

Provisions of Law Cited

Kerala Land Reforms Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that there is no embargo under the Kerala Land Reforms Act to seek transfer of Registry of the properties in question or for remittance of land tax; even if ceiling cases are pending, such proceedings would not bar registry transfer or tax remittance, as final actions must align with the Act. They rely on sale deeds (Exhibits P1) and the court’s intervention to expedite relief, arguing that fundamental ownership entitles them to registrable rights and tax compliance. A timely grant of relief would avoid undue hardship and would be consistent with the statutory framework and equity, subject to final proceedings under the Act.

Contentions of Respondents

The State, through the Senior Government Pleader, contends that the petitions are premature as no formal applications for transfer of Registry or remittance of land tax have been made. It is argued that ceiling cases pending against the properties could affect relief and that the court should refrain from directing relief until such applications are filed and final orders under the Kerala Land Reforms Act are issued. The Respondents emphasize procedure and the need for an evidentiary record before mandating action, noting potential legal barriers and the role of final determinations.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Devasia v. Sub-Registrar2015 (1) KLT 825PositiveCourt cites Devasia v. Sub-Registrar to support that transfer of registry and remittance can be ordered notwithstanding potential ceiling proceedings, aligning with petitioners' asserted entitlement.

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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 DEVAN RAMACHANDRAN FRIDAY, THE 3[RD] DAY OF DECEMBER 2021 / 12TH AGRAHAYANA, 1943** **WP(C) NO. 25361 OF 2021** ## **PETITIONER:** SHAJI M U AGED 53 YEARS S/O YOUSAF, MELEVEETTIL CHITTAR PANNIYAR COLONY, KUMARAMPEROOR VADAKKEKARA MURI, CHITTAR VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN-689663. BY ADVS. P.HARIDAS BIJU HARIHARAN P.C.SHIJIN RISHIKESH HARIDAS ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2 TAHSILDAR, RANNI, TALUK OFFICE, RANNI, DINDIGUL – THENI-KOTTAAKKARA HIGHWAY, SH8, PATHANAMTHITTA DISTRICT, PIN-689672. 3 TAHSILDAR (LAND RECORDS) RANNI, TALUK OFFICE, RANNI DINDIGUL, THENI KOTTARAKKARA HIGHWAY, SH8, PATHANAMTHITTA DISTRICT, PIN-689672. 4 VILLAGE OFFICER VILLAGE OFFICE, VADASSERIKKARA, RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN-689662. SMT.K.AMMINIKUTTY, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2021, ALONG WITH WP(C).25437/2021, 25414/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO.25361/2021 & Con. Cases** **2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 3[RD] DAY OF DECEMBER 2021 / 12TH AGRAHAYANA, 1943** **WP(C) NO. 25437 OF 2021** ## **PETITIONERS:** 1 SHAJI O.M AGED 54 YEARS S/O THOMAS MATHEW, ODIKANDATHIL, KUMARAMPEROOR, VADAKKEKARA MURI, BOUNDARY, PEZHUMPARA P.O., VADASSERIKKARA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN-689 662 2 LAISAMMA SHAJI, AGED 52 YEARS W/O SHAJI, ODIKANDATHIL, KUMARAMPEROOR, VADAKKEKARA MURI, BOUNDARY, PEZHUMPARA P.O.VADASSERIKKARA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN689 662 BY ADVS. P.HARIDAS BIJU HARIHARAN P.C.SHIJIN RISHIKESH HARIDAS ## **RESPONDENTS:** 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2 TAHSILDAR, RANNI, TALUK OFFICE, RANNI DINDIGUL-THENIKOTTARAKKARA HIGHWAY, SH8, PATHANAMTHITTA DISTRICT, PIN-689 672. 3 TAHSILDAR (LAND RECORDES), RANNI, TALUK OFFICE, RANNI DINDIGUL-THENIKOTTARAKKARA HIGHWAY, SH8, PATHANAMTHITTA DISTRICT, PIN-689 672. **WP(C) NO.25361/2021 & Con. Cases** **3** 4 VILLAGE OFFICER VILLAGE OFFICE, VADASSERIKKARA, RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN-689 662 SMT.K.AMMINIKUTTY, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2021, ALONG WITH WP(C).25361/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO.25361/2021 & Con. Cases** **4** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 3[RD] DAY OF DECEMBER 2021 / 12TH AGRAHAYANA, 1943 WP(C) NO. 25414 OF 2021** ## **PETITIONER:** SOJU THOMAS AGED 33 YEARS S/O. K.V.THOMAS, KOLLANCHIRAYIL ,PEZHUMPARA, PEZHUMPARA P.O., KUMARAMPEROOR VADAKKEKARA MURI, VADASSERIKARA VILLAGE,RANNI TALUK, PATHANAMTHITTA DISTRICT,PIN-689 662 BY ADVS. P.HARIDAS BIJU HARIHARAN P.C.SHIJIN RISHIKESH HARIDAS ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001 2 TAHSILDAR, RANNI TALUK OFFICE, RANNI, DINDIGUL-THENIKOTTARAKKARA HIGHWAY, SH8, PATHANAMTHITTA DISTRICT,PIN-689 672 3 TAHSILDAR (LAND RECORDS), RANNI TALUK OFFICE, RANNI, DINDIGUL-THENIKOTTARAKKARA HIGHWAY, SH8, PATHANAMTHITTA DISTRICT,PIN-689 672 4 VILLAGE OFFICER, VILLAGE OFFICE, VADASSERIKKARA, RANNI TALUK, PATHANAMTHITTA DISTRICT,PIN-689 662 **WP(C) NO.25361/2021 & Con. Cases** **5** SMT.K.AMMINIKUTTY, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2021, ALONG WITH WP(C).25361/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO.25361/2021 & Con. Cases** **6** ## **JUDGMENT** The petitioners in these cases claim to be the owners of the properties involved therein and allege that in spite of the applications, made to the jurisdictional Tahsildar - for transfer of Registry of the same in their favour and for permission to remit the Land Tax - having been forwarded to the jurisdictional Village Officer, no action has been taken thereon until now. 2. The petitioners say that there is no embargo under the Kerala Land Reforms Act to seek transfer of Registry of the properties in question and that, even if there be so, it would not be any reason to stop the transfer of its Registry in their names or to allow them to remit land tax thereon, going by the judgment of this Court in _**Devasia v. Sub-Registrar [2015 (1) KLT 825].**_ They, therefore, pray that the competent respondent be directed to accede to their request within a time frame to be fixed by this Court. **WP(C) NO.25361/2021 & Con. Cases** ## **7** 3. In response, Smt.K.Amminikutty, learned Senior Government Pleader, submitted that these writ petitions are premature because the petitioners have not made any application for either transfer of Registry or for remittance of land tax until now. She added that the cause of action projected by the petitioners that they are being refused permission as sought for is because ceiling cases may be pending against the properties in question. 4. When I hear the learned Senior Government Pleader as afore, it is evident that petitioners certainly are entitled to seek the reliefs as sought for herein, because even if there are ceiling cases pending on the properties, it would not impede them from obtaining transfer of Registry or being allowed to remit land tax, because same will certainly have to abide by the final proceedings under the Kerala Land Reforms Act. In the afore circumstances, I order these writ petitions, leaving liberty to the petitioners to move ## **WP(C) NO.25361/2021 & Con. Cases** ## **8** appropriate applications before the competent respondent, both for transfer of Registry and for remittance of land tax; and if this is done within a period of two weeks from the date of receipt of a copy of this judgment, same shall be considered by the said Authority as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment. I make it clear that the requests of the petitioners may not be rejected merely because there are ceiling cases pending; and further clarify that petitioners will be obligated to abide by the final result of the proceedings under the Kerala Land Reforms Act, subject to their available remedies and that the directions herein will not give them any special right, either in equity or in law, to claim any right over the properties, which is not entitled to them under law. **Sd/DEVAN RAMACHANDRAN** ## **JUDGE** **MC/3.12** **WP(C) NO.25361/2021 & Con. Cases** ## **9** ## **APPENDIX OF WP(C) 25361/2021** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.243/2021 DATED 16.02.2021. **WP(C) NO.25361/2021 & Con. Cases** ## **10** ## **APPENDIX OF WP(C) 25437/2021** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO 167/2021 DATED 3.2.2021 **WP(C) NO.25361/2021 & Con. Cases** ## **11** ## **APPENDIX OF WP(C) 25414/2021** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.1087/1/2020 OF PERUNAD SRO DATED 15.12.2020