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2025 DAILYLAW 5047 (KER)

MUHAMMED NOSHIN v. THE VILLAGE OFFICER

WP(C)/11553/2025 · 2025-04-07

T R Ravi

Writ Petition (Civil)body2025

Judgment text

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2025:KER:30173 WP(C) NO. 11553 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 11553 OF 2025 PETITIONER: MUHAMMED NOSHIN AGED 22 YEARS S/O.MUHAMMED SHAILESH, PATTIKKADAN HOUSE, THARISU P.O., KARUVARAKUNDU, MALAPPURAM DISTRICT, PIN – 676523. BY ADVS. BABU S. NAIR SMITHA BABU RESPONDENTS: 1 THE VILLAGE OFFICER KERALA ESTATE VILLAGE, KERALA ESTATE P.O., MALAPPURAM DISTRICT, PIN – 676525. 2 THE TAHSILDAR NILAMBUR TALUK, NILAMBUR, MALAPPURAM DISTRICT, PIN – 679329. SMT. DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30173 WP(C) NO. 11553 OF 2025 2 T.R. RAVI, J. -------------------------------------------- W.P.(C) No.11553 of 2025 -------------------------------------------- Dated this the 07th day of April, 2025 JUDGMENT The petitioner is in ownership and in possession of 2.0031 Hectares of land comprised in Re-survey No.86/1 in Block No.157 by way of Ext.P1 document. The properties were purchsed by the petitioner from one Muhammed Isahak and the vendor of the properties has been paying basic land tax in respect of the properties for a long time. After the purchase of the properties, when the petitioner approached the 1st respondent to remit land tax, the same was not accepted stating that it was originally part of Kerala Estate, which was a rubber plantaiton. 2. The petitioner has filed this writ petition seeking a direction to the respondents to accept land tax with respect to the property covered by Ext.P1 document comprised in Re-survey No.86/1 in Block No.157. 2025:KER:30173 WP(C) NO. 11553 OF 2025 3 3. Heard the counsel for the petitioner and the Government Pleader. 4. A similar issue was considered by this Court in W.P.(C) No.28548 of 2022 wherein this Court following the judgments in W.P.(C) No.15935/2022 and connected cases and W.P.(C). No.20675/2019 and connected cases, directed the respondents therein to allow the petitioner's request for Transfer of Registry of the property and/or for remittance of land tax on it. I do not find any reason to take a different view. In the result, the writ petition is allowed. The respondents are directed to effect mutation of the properties covered by Ext.P1 document and accept land tax as and when the petitioner tenders the same and issue tax receipt to the petitioner. Sd/- T.R.RAVI JUDGE mpm 2025:KER:30173 WP(C) NO. 11553 OF 2025 4 APPENDIX OF WP(C) 11553/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE DOCUMENT NO.493/2025 OF THE S.R.O., KARUVARAKUNDU DATED, 1-3-2025. Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER KERALA ESTATE DATED, 19-11-2024. Exhibit P3 TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN W.P.(C)NO.35164/2022 DATED, 23-11-2022. Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN W.P.(C)NO.12059/2020 DATED, 9-7-2020.