N.A.ABDUL VAHAB Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these writ petitions are filed by the respective petitioners seeking for a direction to grant pattayam to the respective plots occupied by them. In W.P.(C) No.33758/2010 there is only one petitioner and in W.P. (C) No.35968/2010 there are four petitioners.

(2.) The facts pleaded in W.P.(C) No.33758/2010 are the following: The petitioner is an occupier of 7 cents of land in R.S. No.382 in Block No.78 in Vandoor Village. This was purchased by the petitioner from one Shri Abdu Rahman as per Ext.P1 registered document dated 23.6.1997. Exts.P2 and P3 are the documents dated 20.9.1994 and 7.2.1996 which reflect the two previous transfers in respect of the very same item and thus the petitioner is the third transferee.

(3.) Exts.P4 and P5 will show that the petitioner has been paying tax from 2.8.1997 to 29.5.2006. He has been remitting house tax to the Panchayat till 2010 and Exts.P6 and P7 are the copies of tax receipts dated 3.12.1999 and 10.6.2010. The property was initially assigned by the Panchayat to one Shri C.V. Charan, who also had remitted tax from 19.4.1985 to 26.7.1993 and in support of the same, Exts.P8 and P9 have been produced. The second owner, one Shri Assainer remitted tax from 1994 to 1996 which is reflected in Ext.P10 copy of the tax receipt. Exts.P11 and P12 are respectively the copies of the possession certificates issued by the Village Officer in 1997 and 23.5.2000. But from 2007 onwards collection of tax was refused on the ground that the property is shown as puramboke in the survey records and only after subdividing the property, tax can be collected. It is averred that the petitioner and similar others filed application dated 7.9.2007 for subdividing the property, to the Tahsildar, Nilamboor. Ext.P13 is the reply given by the Tahsildar directing to produce the proceedings of the Panchayat granting assignment. Ext.P14 is the proceedings of the Executive Officer, Wandoor Panchayat dated 13.7.1971 and Ext.P15 is the proceedings of the Director of Panchayats dated 30.7.1970 sanctioning assignment. Showing these details, the Secretary of the Panchayat had given a reply as per Ext.P16 dated 7.11.2007, but the matter was kept pending without any action. Later, the petitioner submitted a complaint before the Complaint Rederssal Cell of the Chief Minister and a reply was given as per Ext.P18, directing the petitioner to approach the Local Self Government Department. Meanwhile, the Tahsildar sought for no objection certificate from the Panchayat for assigning the property in favour of the petitioner, by Ext.P19 and Ext.P20 is the reply given by the Secretary of the Panchayat informing that the Panchayat has no objection in assigning the property and issuing patta to the petitioner and others. Further actions followed and the Tahsildar, Nilamboor issued a letter dated 6.1.2010 to the District Collector, with copy to the petitioner. Ext.P21 is the copy of the said letter. The letter indicated that the property cannot be assigned without getting sanction from the Government. Further communications followed in the matter as evident from Exts.P22. Finally, the Government communicated their decision as per Ext.P23 stating that the puramboke land in the Panchayat should exist under the Panchayat itself and the Tahsildar rejected the request as per Ext.P24. Exts.P25 and P26 will show that land tax has been receiving from one Shri P. Balan who according to the petitioner, is similarly situated and thereafter the petitioner has filed a representation before the Government as per Ext.P27.