SIBI THOMAS v. STATE OF KERALA

THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 23RD DAY OF JANUARY 2024 / 3RD MAGHA, 1945 WP(C) NO. 2592 OF 2024 PETITIONER: LOVELY CATHERINE MATHEW AGED 62 YEARS WIFE OF BENNY VARGHESE, RESIDING AT 'APSARA' S.V.COLONY, ERANGIPALAM (P.O), KOZHIKODE, PIN - 673006 BY ADVS. NIDHI SAM JOHNS LIJO JOSEPH (THOPPIL) A.KEVIN THOMAS CELIA SANTHOSH A.V.THOMAS (SR.)(T-49) RESPONDENTS: 1 2 3 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 THE TAHSILDAR VYTHIRI TALUK OFFICE,VYTHIRI, WAYANAD, PIN - 673576 THE VILLAGE OFFICER VELLARIMALA VILLAGE, WAYANAD, PIN - 673577 GP - AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2024, ALONG WITH WP(C).2578/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos. 2578, 2592, 2593, 2603 & 2611 of 2024 : 3 : IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 23RD DAY OF JANUARY 2024 / 3RD MAGHA, 1945 WP(C) NO. 2593 OF 2024 PETITIONER: ASHLEY SIBI THOMAS AGED 60 YEARS WIFE OF SIBI THOMAS, RESIDING AT 8B2, ABM TOWERS, GANDHI NAGAR ROAD, KADAVANTHRA, KOCHI, PIN - 682020 BY ADVS. NIDHI SAM JOHNS LIJO JOSEPH (THOPPIL) A.KEVIN THOMAS CELIA SANTHOSH A.V.THOMAS (SR.)(T-49) RESPONDENTS: 1 2 3 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 THE TAHSILDAR VYTHIRI TALUK OFFICE, VYTHIRI, WAYANAD, PIN - 673576 THE VILLAGE OFFICER VELLARIMALA VILLAGE, WAYANAD, PIN - 673577 SR.GP - DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2024, ALONG WITH WP(C).2578/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos. 2578, 2592, 2593, 2603 & 2611 of 2024 : 4 : IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 23RD DAY OF JANUARY 2024 / 3RD MAGHA, 1945 WP(C) NO. 2603 OF 2024 PETITIONER: PEARLY MATHEW AGED 53 YEARS WIFE OF PAUL RAJ,RESIDING AT 'APSARA', S.V.COLONY, ERANHIPALAM (P.O), KOZHIKODE, PIN - 673 006 REPRESENTED BY POWER OF ATTORNEY HOLDER LOVELY CATHERINE MATHEW, AGED 62, WIFE OF BENNY VARGHESE, RESIDING AT 'APSARA' S.V.COLONY, ERANGIPALAM (P.O), KOZHIKODE, PIN - 673006 BY ADVS. NIDHI SAM JOHNS LIJO JOSEPH (THOPPIL) A.KEVIN THOMAS CELIA SANTHOSH A.V.THOMAS (SR.)(T-49) RESPONDENTS: 1 2 3 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 THE TAHSILDAR VYTHIRI TALUK OFFICE, VYTHIRI, WAYANAD, PIN - 673576 THE VILLAGE OFFICER VELLARIMALA VILLAGE, WAYANAD, PIN - 673577 SR.GP - DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2024, ALONG WITH WP(C).2578/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos. 2578, 2592, 2593, 2603 & 2611 of 2024 : 5 : IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 23RD DAY OF JANUARY 2024 / 3RD MAGHA, 1945 WP(C) NO. 2611 OF 2024 PETITIONERS: 1 2 3 4 LOVELY CATHERINE MATHEW AGED 62 YEARS WIFE OF BENNY VARGHESE, RESIDING AT 'APSARA' S.V.COLONY, ERANHIPALAM (P.O), KOZHIKODE, PIN - 673006 ASHLEY SIBI THOMAS AGED 60 YEARS WIFE OF SIBI K THOMAS, RESIDING AT 8B2, ABM TOWERS, GANDHI NAGAR ROAD, KADAVANTHRA, KOCHI, PIN - 682020 MERLY THOMAS AGED 56 YEARS WIFE OF THOMAS JOSEPH RESIDING AT 116, PINE A2, PRESTIGE GREENWOODS, CV RAMAN NAGAR, BANGALORE, PIN:560093, REPRESENTED BY POWER OF ATTORNEY HOLDER LOVELY CATHERINE MATHEW, AGED 62, WIFE OF BENNY VARGHESE, 'APSARA' S.V.COLONY,ERANHIPALAM (P.O), KOZHIKODE, PIN - 673006 PEARLY MATHEW AGED 53 YEARS WIFE OF PAUL RAJ, RESIDING AT 'APSARA', S.V.COLONY, ERANHIPALAM (P.O), KOZHIKODE, PIN - 673 006 REPRESENTED BY POWER OF ATTORNEY HOLDER LOVELY CATHERINE MATHEW, AGED 62, WIFE OF BENNY VARGHESE, 'APSARA' S.V.COLONY, ERANHIPALAM (P.O),KOZHIKODE, PIN - 673006 BY ADVS. NIDHI SAM JOHNS LIJO JOSEPH (THOPPIL) A.KEVIN THOMAS CELIA SANTHOSH A.V.THOMAS (SR.)(T-49) RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 WP(C) Nos. 2578, 2592, 2593, 2603 & 2611 of 2024 : 6 : 2 3 THE TAHSILDAR VYTHIRI TALUK OFFICE, VYTHIRI, WAYANAD, PIN - 673576 THE VILLAGE OFFICER VELLARIMALA VILLAGE, WAYANAD, PIN - 673577 SR.GP - DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2024, ALONG WITH WP(C).2578/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos. 2578, 2592, 2593, 2603 & 2611 of 2024 : 7 : VIJU ABRAHAM , J. =========================== WP(C) Nos. 2578, 2592, 2593, 2603 & 2611 of 2024 ============================ Dated this the 23rd day of January, 2024 J U D G M E N T Petitioners have approached this Court seeking a direction to the 3rd respondent to issue thandaper account certificate, possession certificate, location sketch and other allied revenue certificates to the petitioners for the properties covered by Ext.P1 sale deed and Ext.P2 tax receipt.

2. Petitioners are absolute owners with right, title, possession and enjoyment of properties covered by Ext.P1 sale deed and Ext.P2 tax receipt. In WP(C) No.2611/2024 petitioners are the legal heirs of the owner of the property covered by Exts.P1 & P2. Petitioners submit that Ext.P1 is the sale deed by which they acquired the said property and Ext.P2 is the tax receipt evidencing payment of tax in respect of the property covered by Ext.P1. Thereupon petitioners approached the 3rd respondent for issuance of thandaper certificate and other revenue certificates for effecting transfer of the aforesaid property. But, the 3rd respondent refused the request made by the petitioners on the ground that the property is situated in Wayanad District and the title of which was originally in the name of M/s Harrisons Malayalam Ltd. Petitioners submit that WP(C) Nos. 2578, 2592, 2593, 2603 & 2611 of 2024 : 8 : similar issues were earlier considered by this Court as per Exts. P3 to P5 judgments wherein reliefs have been granted to similarly situated persons. In Exts. P3 to P5 judgments this Court has issued directions to the respondents to accept basic tax from the petitioners and also to issue thandaper account number certificate, possession certificate, location sketch etc without prejudice to the contention of the State/respondent regarding the question of titles that may be raised by them in any appropriate civil proceedings that may be instituted by them in this regard.

3. The learned Government Pleader also submits that similar reliefs have been granted by this Court to similarly situated persons.

4. It is trite law that effecting mutation or paying land tax will not amount to declaration of title of a person who is effecting the payment or the person in whose name the mutation has been effected. The proceedings are only for fiscal purposes. In Exts.P3 to P5 judgments produced in this writ petitions, this Court directed the respondents therein to accept land tax and to issue thandaper certificate and other revenue certificates to the petitioners therein, without prejudice to the contentions of the State regarding the question of title that may be raised by them in appropriate civil proceedings.

5. Accordingly, the above writ petitions are disposed of with a direction to the 3rd respondent to issue tandaper certificate, WP(C) Nos. 2578, 2592, 2593, 2603 & 2611 of 2024 : 9 : possession certificate and other revenue certificates within a period of one month from the date of receipt of a copy of this judgment. It is made clear that the acceptance of land tax or the issuance of the revenue certificates will be without prejudice to the right of the State/respondent with regard to the question of title that may be raised by them in any appropriate civil proceedings that may be instituted by them in this regard. With the above said direction, the writ petitions are disposed of. sbk/- VIJU ABRAHAM JUDGE Sd/- WP(C) Nos. 2578, 2592, 2593, 2603 & 2611 of 2024 : 10 : APPENDIX OF WP(C) 2592/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 TRUE COPY OF THE GIFT DEED NO.47/1977 DATED 06/01//1977 OF VYTHIRI SUB REGISTRY OFFICE IN FAVOUR OF THE PETITIONER TRUE COPY OF THE TAX RECEIPT NO.KL12031700680/2023 DATED 11/05/2023 FOR THE PERIOD 2023-24 ISSUED BY THE VILLAGE OFFICER, VELLARIMALA VILLAGE (3RD RESPONDENT HEREIN) IN RESPECT OF PETITIONER'S 2 HECTARE 2.34ARES OF PROPERTY COVERED BY EXHIBIT-P1 TRUE COPY OF THE JUDGMENT DATED 12/11/2018 IN W.P.(C).NO. 35097/2018 AND CONNECTED CASES OF HIGH COURT OF KERALA TRUE COPY OF THE JUDGMENT DATED 12/12/2023 IN W.P.(C).NO. 39765/2023 OF HIGH COURT OF KERALA TRUE COPY OF THE JUDGMENT DATED 22/12/2023 IN W.P.(C).NO.43654/2023 OF HIGH COURT OF KERALA WP(C) Nos. 2578, 2592, 2593, 2603 & 2611 of 2024 : 11 : APPENDIX OF WP(C) 2593/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 TRUE COPY OF THE SALE DEED NO.2508/2003 DATED 27/09/2003OF KALPPETTA SUB REGISTRY OFFICE IN FAVOUR OF THE PETITIONER TRUE COPY OF THE TAX RECEIPT NO.KL12031700679/2023 DATED 11/05/2023 FOR THE PERIOD 2023-24 ISSUED BY THE VILLAGE OFFICER, VELLARIMALA VILLAGE (3RD RESPONDENT HEREIN) IN RESPECT OF PETITIONER'S 1 HECTARE 74.58 ARES OF PROPERTY COVERED BY EXHIBIT-P1 TRUE COPY OF THE JUDGMENT DATED 12/11/2018 IN W.P.(C).NO. 35097/2018 AND CONNECTED CASES OF HIGH COURT OF KERALA TRUE COPY OF THE JUDGMENT DATED 12/12/2023 IN W.P.(C).NO. 39765/2023 OF HIGH COURT OF KERALA TRUE COPY OF THE JUDGMENT DATED 22/12/2023 IN W.P.(C).NO.43654/2023 OF HIGH COURT OF KERALA WP(C) Nos. 2578, 2592, 2593, 2603 & 2611 of 2024 : 12 : APPENDIX OF WP(C) 2603/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 TRUE COPY OF THE SETTLEMENT DEED NO.5052/2010 DATED 07/08/2010 OF KALPETTA SUB REGISTRY OFFICE IN FAVOUR OF THE PETITIONER TRUE COPY OF THE TAX RECEIPT KL12031700677/2023 DATED 11/05/2023 FOR THE PERIOD 2023-24 ISSUED BY THE VILLAGE OFFICER, VELLARIMALA VILLAGE (3RD RESPONDENT HEREIN) IN RESPECT OF PETITIONER'S 2 HECTARE 2.34 ARES OF PROPERTY COVERED BY EXHIBIT-P1 TRUE COPY OF THE JUDGMENT DATED 12/11/2018 IN W.P.(C).NO. 35097/2018 AND CONNECTED CASES OF HIGH COURT OF KERALA TRUE COPY OF THE JUDGMENT DATED 12/12/2023 IN W.P.(C).NO. 39765/2023 OF HIGH COURT OF KERALA TRUE COPY OF THE JUDGMENT DATED 22/12/2023 IN W.P.(C).NO.43654/2023 OF HIGH COURT OF KERALA TRUE COPY OF THE POWER OF ATTORNEY NO.79/2022 DATED 08/03/2022 OF KOZHIKODE SRO EXECUTED BY THE PETITIONER IN FAVOUR OF LOVELY CATHERINE MATHEW WP(C) Nos. 2578, 2592, 2593, 2603 & 2611 of 2024 : 13 : APPENDIX OF WP(C) 2611/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 TRUE COPY OF THE SALE DEED NO. 1854/1970 DATED 30/11/1970 OF VYTHIRI SUB REGISTRY OFFICE IN FAVOUR OF THE PETITIONERS' MOTHER TRUE COPY OF THE TAX RECEIPT DATED KL12031700676/2023 DATED 11/05/2023 FOR THE PERIOD 2023-24 ISSUED BY THE VILLAGE OFFICER, VELLARIMALA VILLAGE (3RD RESPONDENT HEREIN) IN RESPECT OF 2 HECTARE 2.34 ARES OF PROPERTY IN THE NAME OF LEELAMMA MATHEW TRUE COPY OF THE JUDGMENT DATED 12/11/2018 IN W.P.(C).NO.35097/2018 AND CONNECTED CASES OF HIGH COURT OF KERALA TRUE COPY OF THE JUDGMENT DATED 12/12/2023 IN W.P.(C).NO.39765/2023 OF HIGH COURT OF KERALA TRUE COPY OF THE JUDGMENT DATED 22/12/2023 IN W.P.(C).NO.43654/2023 OF HIGH COURT OF KERALA TRUE COPY OF THE DEATH CERTIFICATE DATED 23/11/2013 OF PETITIONERS' MOTHER LEELAMMA THOMAS ISSUED BY THE SUB REGISTRAR OF BIRTH &DEATH KOZHIKODE CORPORATION TRUE COPY OF THE DEATH CERTIFICATE DATED 02/12/2012 OF PETITIONERS' FATHER MATHEW THAMARAKAD ISSUED BY THE SUB REGISTRAR OF BIRTH & DEATH KOZHIKODE CORPORATION TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE NO.K.DIS.1754/2014 DATED 31/07/2015 ISSUED BY THE TAHSILDAR KOZHIKODE TRUE COPY OF THE POWER OF ATTORNEY NO.79/2023 OF WEST HILL SRO DATED 04/07/2023 EXECUTED BY THE 3RD PETITIONER IN FAVOUR OF THE 1ST PETITIONER TRUE COPY OF THE POWER OF ATTORNEY NO.79/2022 OF KOZHIKODE SRO DATED 08/03/2022 EXECUTED BY THE 4TH PETITIONER IN FAVOPUR OF THE 1ST PETITIONER WP(C) Nos. 2578, 2592, 2593, 2603 & 2611 of 2024 : 14 : APPENDIX OF WP(C) 2578/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 TRUE COPY OF THE SALE DEED NO.2510/2003 DATED 27/09/2003 OF KALPPETTA SUB REGISTRY OFFICE IN FAVOUR OF THE PETITIONER TRUE COPY OF THE TAX RECEIPT NO.KL12031700678/2023 DATED 11/05/2023 FOR THE PERIOD 2023-24 ISSUED BY THE VILLAGE OFFICER, VELLARIMALA VILLAGE (3RD RESPONDENT HEREIN) IN RESPECT OF PETITIONER'S 1 HECTARE 74.54 ARES OF PROPERTY COVERED BY EXHIBIT-P1 TRUE COPY OF THE JUDGMENT DATED 12/11/2018 IN W.P.(C).NO. 35097/2018 AND CONNECTED CASES OF HIGH COURT OF KERALA TRUE COPY OF THE JUDGMENT DATED 12/12/2023 IN W.P.(C). NO.39765/2023 OF HIGH COURT OF KERALA TRUE COPY OF THE JUDGMENT DATED 22/12/2023 IN W.P.(C).NO.43654/2023 OF HIGH COURT OF KERALA