Kerala

Idukki

CC/64/2019

Chinnamma Chandi - Complainant(s)

Versus

Deputy Collector - Opp.Party(s)

27 Sep 2019

ORDER

DATE OF FILING : 26/03/19

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 27^th day of September 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

CC NO. 64/2019

Between

Complainant : Chinnamma, W/o Chandy,

Mayiprappallil House,

Valiyathovala P.O., Kattappana,

Idukki District.

(By Adv: K.M.Sanu)

And

Opposite Party : 1 . The Deputy Director (Re-Survey),

Survey and Land Records, Collectorate,

Idukki, Painavu P.O.

2 . The Tahasildhar, Udumbanchola Taluk,

Udumbanchola P.O.

3 . The Taluk Survey Superintendent (LR),

Udumbanchola Taluk Survey Superintendent Office,

Udumbanchola

4 . The Village Officer,

Pampadumpara Village, Pampadumpara P.O.,

5 . The District Collector,

Idukki, Painavu P.O.

 

O R D E R

SRI. S. GOPAKUMAR (PRESIDENT)

 

The case of the complainant is that,

 

The complainant is in possession and ownership of 5 cents of landed property comprised in Survey No.46/1 of Pampadumpara village through a sale deed No.2071 of the year 2000 of SRO Udumpanchola. The complainant along with his family residing in a house situated in this property.

 

(Cont....2)

 

 

-2-

The complainant remitted basic tax to this property till 18/02/07. Thereafter the revenue authorities, the fourth opposite party denied to receive the basic tax of this property by pointing out some anomalies in the Re-Survey.

 

Complainant further averred that she remitted the basic tax till the year 2007 uninterruptedly and enjoying the property. The denial of receiving the basic tax of this property caused much hardships, to her and her family. Without having a tax receipt she is not in a position to obtain any certificate from the village office.

 

Under this circumstances complainant approached this Forum for directing the opposite parties to accept the land tax from the complainant and issue its receipt and further directed the opposite parties to pay cost and compensation.

 

Upon notice opposite parties entered appearance and filed detailed reply version. In their version opposite parties contented that, they handed over the Re-Survey records of the Pampadumpara Village to the revenue authority on 20/04/2006. Thereafter the village officer, is not in a position to receive the basic land tax of the title holders which are not included in the Re-Survey records. They can approached the village officer with sufficient records and application for including their property in the Re- Survey. This opposite parties is not aware of any application submitted by the complainant for this purposes. Now as per the GO (MS) No.303/2017 dated 26/08/17 the Tahasildar, related to this wing is resolving these type of issues. Hence these opposite parties is no way liable to pay any cost or compensation to the complainant.

 

In their version opposite parties 2 and 4 contented that through re-survey has been affected in this village, Mannamkudy Tribal Settlement Area has not been effected with Re-Survey. There is a large extents of land in this area under old survey number. Prima faice, it is seen that the land in question is included in this area. There are similar cases in which the present occupiers have been assigned old T.P, number and pay land tax under old TP number only. The case of the complainant can be resolved once the re-survey is done.

 

(Cont....3)

 

-3-

The evidence adduced by the complainant by way of documents such as copy of basic tax receipt dated 18/02/07, copy of receipt dated 09/08/18 and copy of application dated 18/05/2018. These documents are marked as Ext.P1 to Ext.P3 respectively.

 

From the opposite parties side no evidence adduced except the reply version.

 

Heard both sides,

 

The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties, and if so, for what relief the complainant is entitled to ?

 

The Point:- We have heard the counsel for both parties and had perused the evidence on record. It is an admitted fact that the complainant is in possession and ownership of 5 cents of property as she stated in the complaint vice Tandaper number 4635. As contented in the reply version of opposite parties 2 and 4, the non receipt of basic land tax from the complainant in due to the non-completion of Re-Survey in this area. From Ext.P1 to Ext.P3 it is seen that complainant approached the Tahasildar, Udumpanchola Taluk, the second opposite party and submitted an application on 18/05/18 for resolving the issues and from the office of the second opposite party, she got Ext.P2 receipt. These documents shows that, the complainant approached the concerned authority and properly filed application for receiving the basic land tax of the above said landed property, before approaching this Forum. It is seen that, the application of the complainant is pending before the second opposite party still. Since the opposite parties having no doubt in the possession and ownership of the landed property in issue, they are bound to redress the dispute of the complainant.

 

On the basis of above discussion complaint allowed. Opposite parties 2 and 4 are directed to take urgent steps to receive the basic tax of the landed property discussed above after resolving the issues related to this land within 3 months

 

(Cont....4)

-4-

from the date of receipt of the copy of this order. No order to cost or compensation.

 

Pronounced in the Open Forum on this the 27^th day of September, 2019.

 

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

Sd/-

SMT. ASAMOL P. (MEMBER)

 

APPENDIX

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Copy of basic tax receipt dated 18/02/07

Ext.P2 - Copy of receipt dated 09/08/18

Ext.P3 - Copy of application dated 18/05/2018

On the side of the Opposite Party :

Nil.

 

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT