M.Thankam Vs. Tahsildar

M.Thankam vs Tahsildar

Type Court Judgment Court Kerala Decided Jan 08, 2014

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https://sooperkanoon.com/case/1119359

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Citation: sooperkanoon.com/1119359
Court: Kerala High Court
Judge: Honourable Mr. Justice a.V.Ramakrishna Pillai
Decided On: Jan 08, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

M.Thankam

Respondent

Tahsildar

Excerpt

.....of land. thereafter, on 14.02.1978, the taluk land board, thalassery, issued ext.p1 notice and draft statement stating that the land to be surrendered is 8.48 acres. the matter w.p.(c) no. 1934 of 2009 ..2.. was ultimately disposed of as per ext.p2 order dated 04.04.2005 directing the petitioners to surrender an extent of 2.46 acres of land. thus, in total, the surplus land declared to be surplus was 5.27 acres already surrendered plus 2.46 acres, which was subsequently declared as surplus as per ext.p2. therefore, according to the petitioners, out of 11 acres and 63.5 cents, they are entitled to have 3 acres and 90.5 cents. now, the grievance projected by the petitioners is that the 3rd respondent village officer is not receiving tax from the petitioners stating that there is no land available.3. i have heard the learned counsel for the petitioners and the learned senior government pleader.4. the learned senior government pleader has invited my attention to para 5 of the counter affidavit, wherein it is admitted that if the petitioners had satisfied the village officer regarding the property now owned by them with documents, he would be in a position to demarcate the property. as there is no dispute regarding the total extent of the property owned by the parents of the petitioners as well as the total extent of land declared to be w.p.(c) no. 1934 of 2009 ..3.. surplus, the issue can be sorted out by a proper measurement on the basis of the survey records and title deeds. if on completion of this exercise, it is found that there is any remaining land, the revenue authorities are bound to accept tax in respect of the property in possession of the petitioners after making necessary changes in the revenue records. therefore, this writ petition is disposed of directing the 3rd respondent to effect a measurement of the entire property on the basis of an approved plan and also on the basis of the ext.p2 order by which the surplus land was surrendered by the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE8H DAY OF JANUARY201418TH POUSHA, 1935 WP(C).No. 1934 of 2009 (E) ------------------------------------ PETITIONER(S): ---------------------- 1. M.THANKAM, D/O.LATE C.M.KRISHNAN NAIR, AGED69YEARS, SOMALAYAM, KURUMBAKKAL NIRMALAGIRI P.O., KANNUR DISTRICT.

2. M.NARAYANAN NAIR, SREE VIHAR, -DO-.

3. M.BALAN NAMBIAR, "PRATHEEKSHA", -DO-.

4. M.KAMALAM, PUTHEN VEEDU, -DO-.

5. M.GANGADHARAN, 16 PNS LAY OUT, SUBANNAPALAYA, M.S.NAGAR P.O., BANGALORE-35.

6. M.JAYARAJAN, AMBADI, KURUMBAKKAL, NIRMALAGIRI P.O, KANNUR DISTRICT.

7. A.M.MURALEEDHARAN, S/O.DECEASED AMBUJAKSHI, NEW65OLD30 LOCO SCHEME2D ROAD, JAWAHAR NAGAR, CHENNAI-82. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): -------------------------- 1. THE TAHSILDAR, THALASSERY.

2. THE DISETRICT COLLECTOR, KANNUR.

3. THE VILLAGE OFFICER, KANDAMKUNNU VILLAGE, THALASSERY TALUK, KANNUR DISTRICT.

4. THE CHAIRMAN, TALUK LAND BOARD, THALASSERY.

5. THE SECRETARY, LAND BOARD, THIRUVANANTHAPURAM. PJ .....2/- ..2.. WP(C).No. 1934 of 2009 (E) ------------------------------------ 6. M.SATHI, PUTHEN VEEDU, KUTUMBAKKAL, NIRMALA GIRI P.O., KANNUR DISTRICT.

7. M.VIJAYALAKSHMI, D/O.DECEASED AMBUJAKSHI, KURUMBAKKAL, NIRMALA GIRI P.O KANNUR DISTRICT. R1-5 BY SENIOR GOVERNMENT PLEADER SRI.P.FAZIL R6-7 BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0801-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ WP(C).No. 1934 of 2009 (E) ------------------------------------ APPENDIX PETITIONERS' EXHIBITS ----------------------------------- P1: COPY OF THE NOTICE ISSUED BY THE4H RESPONDENT DATED142/78 P2: COPY OF THE PROCEEDINGS OF THE TAHSILDAR DATED44/2005 P3: COPY OF THE LAWYER NOTICE DATED232/2006. P4: COPY OF THE NOTICE ISSUED BY THE2D RESPONDENT DATED83/2006. P5: COPY OF THE LAWYER NOTICE DATED306/2006. P6: COPY OF THE LAWYER NOTICE DATED2511/2006. P7: COPY OF THE LAWYER NOTICE DATED183/2007. P8: COPY OF THE LAWYER NOTICE DATED033/2006. P9: COPY OF THE NOTICE ISSUED BY THE1T RESPONDENT DATED143/2008. P10: COPY OF THE NO ENCUMBRANCE CERTIFICATE. P11: COPY OF THE REPRESENTATION SENT BY THE PETITIONERS TO THE5H RESPONDENT DATED2312.2008. P12: COPY OF THE NOTICE ISSUED BY TAHSILDAR THALASSERY DATED105/2010 P13: COPY OF THE LETTER SUBMITTED BY BALAN NAMBIAR DATED215/2010. RESPONDENTS' EXHIBIT ------------------------------------ NIL. / TRUE COPY / P.S. TO JUIDGE PJ A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 1934 of 2009 -------------------------------------------------- Dated this the 8th day of January, 2014

JUDGMENT

The prayer in this writ petition is for a direction to respondents 1 to 5 to measure out, demarcate and re-convey 3 acres and 90.5 cents of land over which the petitioners are claiming title.

2. The petitioners and respondents 6 and 7 are the children of one C.M.Krishnan Nair and M.Narayani Amma, who are no more. The petitioners allege that their father was the owner in possession of an extent of 11 acres and 63.5 cents of land comprised in RS No.11, 18/4 in Kandamkunnu Amsom, Kaitheri Desom. During the lifetime of the petitioners' parents, Ceiling Case No.TLB158476 was initiated and as per order dated 20.05.1977, there was a direction to surrender an extent of 5.27 acres of land. Thereafter, on 14.02.1978, the Taluk Land Board, Thalassery, issued Ext.P1 notice and draft statement stating that the land to be surrendered is 8.48 acres. The matter W.P.(C) No. 1934 of 2009 ..2.. was ultimately disposed of as per Ext.P2 order dated 04.04.2005 directing the petitioners to surrender an extent of 2.46 acres of land. Thus, in total, the surplus land declared to be surplus was 5.27 acres already surrendered plus 2.46 acres, which was subsequently declared as surplus as per Ext.P2. Therefore, according to the petitioners, out of 11 acres and 63.5 cents, they are entitled to have 3 acres and 90.5 cents. Now, the grievance projected by the petitioners is that the 3rd respondent Village Officer is not receiving tax from the petitioners stating that there is no land available.

3. I have heard the learned counsel for the petitioners and the learned Senior Government Pleader.

4. The learned Senior Government Pleader has invited my attention to para 5 of the counter affidavit, wherein it is admitted that if the petitioners had satisfied the Village Officer regarding the property now owned by them with documents, he would be in a position to demarcate the property. As there is no dispute regarding the total extent of the property owned by the parents of the petitioners as well as the total extent of land declared to be W.P.(C) No. 1934 of 2009 ..3.. surplus, the issue can be sorted out by a proper measurement on the basis of the survey records and title deeds. If on completion of this exercise, it is found that there is any remaining land, the revenue authorities are bound to accept tax in respect of the property in possession of the petitioners after making necessary changes in the revenue records. Therefore, this writ petition is disposed of directing the 3rd respondent to effect a measurement of the entire property on the basis of an approved plan and also on the basis of the Ext.P2 order by which the surplus land was surrendered by the petitioners. The petitioner shall be at liberty to produce the title deeds before the Village Officer to complete the aforesaid exercise along with a copy of this writ petition as well as a copy of this judgment within a period of one month. The entire exercise shall be completed within a period of two months from today. Sd/- A.V. RAMAKRISHNA PILLAI, JUDGE bka/-

Same Court & Year Kerala · 2014 Same Parties M.Thankam vs Tahsildar Same Subject Land Acquisition Same Judge Honourable Mr. Justice a.V.Ramakrishna Pillai