P.V. KRISHNAN v. T. KARUNAKARAN

BY ADVS. SMT. DEEPA V. - GOVERNMENT PLEADER SRI. R SURENDRAN – STANDING COUNSEL T.R.HARIKUMAR ARJUN RAGHAVAN(K/1277/2012) T.P.RAMACHANDRAN(R-726) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 4657 OF 2024 3 JUDGMENT The petitioner claims that he is having properties in R.S. Nos.17/153, 17/152 and 17/1B of Madayi Amsom Desom, Payyannur Taluk, Kannur District. The respondent Nos.1 and 2 are the president and secretary of a temple committee namely, Aduthila Theru Sree Bhagavathy Temple Committee (for short ‘the Temple Committee’). The property having an extent of 8.9 Ares comprised in R.S. No.17/1C of Madayi Amsom Desom, Payyannur Taluk, Kannur District, situated adjacent to the property of the petitioner mentioned above, is in the possession of the Temple Committee. The Temple Committee is paying land tax for the same. According to the petitioner, the said property is, in fact, vested with Madayi Grama Panchayath, who is the additional respondent No.6. But, the 5th respondent is illegally collecting land tax from the Temple Committee. It is in these circumstances, the petitioner has approached this Court seeking the following reliefs:- “i. to issue a writ of mandamus or any other WP(C) NO. 4657 OF 2024 4 appropriate writ, order or direction and direct the respondents 4 and 5 not to collect land tax from the respondents 1 and 2 Temple Committee in respect of 8.9 Ares comprised in R.S. No.17/1C of Madayi Amsom Desom, Payyannur Taluk, Kannur District; i. to declare that the public pond (കുളം) in R.S. No.17/1C of Madayi Amsom Desom, Payyannur Taluk, Kannur District is vested in the Madayi Grama Panchayat and shown in the Asset Register but at the same time as evident from Ext-P1 tax receipt the respondent Temple Committee is remitting tax in respect of 8.9 Ares in R.S. No.17/1C as dry land (പുരയിടം) and in that survey number the total extent available is only 20 cents and the same is a public pond and therefore, the respondent Temple Committee cannot remit land tax in respect of the above Panchayat property.”

2. I have heard Sri. Ramesan V. N., the learned counsel for the petitioner, Sri. T. R. Harikumar, the learned counsel for respondent Nos.1 and 2, Smt. Deepa V, the learned Government Pleader for respondent Nos.3 to 5 and Sri. R. Surendran, the learned Standing Counsel for the additional respondent Nos.6 and 7. WP(C) NO. 4657 OF 2024 5

3. The respondent Nos.1 and 2 as well as the additional respondent Nos.6 and 7 have filed separate counter statements. In the counter statement filed by the respondent Nos.1 and 2, it is stated that the property in question belongs to the Temple Committee and is in their possession. On the other hand, the additional respondent Nos.6 and 7 filed a counter statement stating that the property is vested with the Panchayat under Section 218 of the Kerala Panchayat Raj Act. Admittedly, the petitioner does not have any right or possession over the property. Now virtually, the dispute is between the respondent Nos.1 and 2 on the one hand and the respondent Nos.6 and 7 on the other hand. It is up to the respondent Nos.6 and 7 to initiate necessary legal action against the respondent Nos.1 and 2, if they so desire. Reserving the said right, this Writ Petition is dismissed. Sd/- DR. KAUSER EDAPPAGATH JUDGE BR WP(C) NO. 4657 OF 2024 6 APPENDIX OF WP(C) 4657/2024 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 TRUE COPY OF THE TAX RECEIPT NO. KL13052000486/2019 DATED 01.02.2019 ISSUED BY THE 5TH RESPONDENT IN RESPECT OF RESPONDENTS 1 AND 2 TRUE COPY OF THE LETTER DATED 27.11.2020 FROM THE 5TH RESPONDENT TO THE PETITIONER TRUE COPY OF THE LETTER DATED 01.02.2021 FROM THE PETITIONER TO THE 4TH RESPONDENT TRUE COPY OF THE LETTER NO.C2-1956/2021 DATED 14.05.2021 FROM THE 4TH RESPONDENT TO THE PETITIONER TRUE COPY OF THE COMPLAINT DATED 08.12.2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT TRUE COPY OF THE COMPLAINT DATED 30.03.2022 FROM THE PETITIONER TO THE SECRETARY, MADAYI GRAMA PANCHAYAT TRUE COPY OF THE REPLY NO. 401024/PSAN03/GPO/2022/ 244(1) DATED 30.11.2022 FROM THE SECRETARY, MADAYI GRAMA PANCHAYAT TO THE PETITIONER COPY TRUE NOTICE OF NO.RDOTLB/5977/2022-E1 DATED 18.10.2023 OF THE REVENUE DIVISIONAL OFFICER, THALIPARAMBA TO THE PETITIONER THE TRUE COPY OF THE COMMISSION REPORT IN O.S NO. 46/2020 AND THE SKETCH DATED 31.01.2020 SUBMITTED BY THE ADVOCATE WP(C) NO. 4657 OF 2024 7 COMMISSIONER BEFORE THE MUNSIFF COURT, THALIPARAMBA RESPONDENT EXHIBITS Exhibit-R1(a) A TRUE COPY OF THE APPLICATION DATED 15-04-2016 SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT OF THE COMMITTEE Exhibit-R1(b) A TRUE COPY OF THE DECISION DATED 18-12-2017 OF THE COMMITTEE Exhibit-R1(c) A TRUE COPY OF THE WRITTEN STATEMENT IN O.S 46/2020 DATED 13-07-2023 Exhibit-R1(d) A TRUE COPY OF THE COMPLAINT FILED BY RESPONDENTS 1 AND 2 BEFORE THE SUB INSPECTOR OF POLICE, PAZHAYANGADI POLICE STATION DATED 25-03-2017