Raveendran Pillai vs Tahsildar (Ladn Records) Cherthala

Gopinath P, J

The petitioner has approached this Court being aggrieved by the fact that the basic land tax is not being accepted in respect of the property remaining with the petitioner following the judgment and decree in Ext.P1. Ext.P1 is the final decree proceedings in O.S.No.6 of 1998 on the file of the Additional Munsiff, Cherthala.

The learned counsel appearing for the petitioner would submit that the only reason for not accepting the land tax in respect of the property having an extent of 5.50 cents from the petitioner is that the Amin attached to the Munsiff Court, Cherthala has not effected delivery of the property in the name of the petitioner. Reference is made in this regard to Ext.P11 communication. The petitioner approached the Taluk Legal Services Committee, Cherthala, with his grievance where it was found that several of the persons who obtained properties through the partition had taken delivery with the assistance of the Court and the remaining property belongs to the petitioner and his sister one Padmini Amma. It is submitted that due to non-appearance of the respondents, the matter could not be settled in the proceedings of the Taluk Legal Services Committee.

The learned Government Pleader refers to the facts and circumstances of the case as also to Ext.P11 communication to substantiate that in the absence of delivery kychit in favour of the petitioner and his sister (Padmini Amma), it was not possible to mutate the property in their name.

Having heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents, I am of the view that the property obtained by the petitioner and his sister (Padmini Amma) is the balance of the properties allotted to other sharers following the final decree proceedings in O.S.No.6 of 1998. The mere fact that there was no delivery kychit in respect of the properties remaining with the petitioner and his sister (Padmini Amma), is no ground to refuse mutation and acceptance of land tax from them. If the authorities are satisfied that the balance of the properties in respect of which mutation is now sought, is the property which the petitioner and his sister (Padmini Amma) are entitled to [in terms of the final decree proceedings] the mutation has to be effected in their name notwithstanding the fact that there is no delivery kychit.

Accordingly, this writ petition will stand disposed of directing the 1st respondent to consider ExtP1 final decree in O.S.No. 6 of 1998 on the file of Additional Munsiff, Cherthala and effect mutation and accept land tax from the petitioner and his sister (Padmini Amma), if it is found that the remainder of the property in respect of which mutation is sought is the property to which they are entitled to in terms of the final decree. Mutation shall be effected and land tax shall be accepted from them, without in any manner being influenced by the fact that there is no delivery kychit in favour of the petitioner and his sister (Padmini Amma). The 1st respondent shall complete the proceedings as directed above, within a period of two months from the date of receipt of a certified copy of this judgment.