VILLAGE OFFICER AND OTHERS versus CHUNAYAMAKKAL JOSEPH AND ANOTHER

VILLAGE OFFICER AND OTHERS versus CHUNAYAMAKKAL JOSEPH AND ANOTHER

Because the lands in question had been notified as vested forest land under Rule 2A of the 1972 Rules and the jenmam rights and purchase certificates earlier issued in favour of the respondents were cancelled by the appropriate Land Tribunal, the respondents cannot be said to have ownership or valid title entitling them to insist that revenue authorities accept basic tax; disputes regarding vesting and title of forest land must be settled under Section 8 of the 1971 Act, and issuance of a writ of mandamus to accept tax would improperly enable respondents to create title indirectly, therefore the High Court's mandamus was unsustainable and was set aside.

Parties
Appellants: Village Officer and Others; Respondents: Chunayamakkal Joseph and Another
Jurisdiction
India
Judgment Date
19 January 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; impugned High Court judgments and orders quashed and set aside
Legal Topics
Vesting of Private Forests Under the Kerala Private Forests (vesting and Assignment) Act, 1971, Settlement of Disputes Under Section 8 of the 1971 Act, Acceptance of Basic Land Tax Under the Kerala Land Tax Act, 1961, Cancellation of Jenmam Rights and Purchase Certificates, Jurisdiction of Forest Tribunal Vs Civil Courts, Writ of Mandamus to Revenue Authorities
Forest Law Land Law Revenue/tax Law Administrative Law Writ Jurisdiction Vesting of Private Forests Under the Kerala Private Forests (vesting and Assignment) Act, 1971 Settlement of Disputes Under Section 8 of the 1971 Act Acceptance of Basic Land Tax Under the Kerala Land Tax Act, 1961 +3 more

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Parties

Village Officer and Others

Appellants

Chunayamakkal Joseph and Another

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether revenue authorities are obliged to accept basic land tax from persons claiming possession when the land has been notified as vested forest and jenmam rights/purchase certificates have been cancelled
  2. 2 Whether a writ of mandamus directing the Village Officer to accept basic tax was appropriate in circumstances where the land had been vested in Government and disputes over title fall under the 1971 Act/Forest Tribunal regime
  3. 3 Whether the respondents had title or ownership entitling them to insist payment of tax

Ratio Decidendi

Because the lands in question had been notified as vested forest land under Rule 2A of the 1972 Rules and the jenmam rights and purchase certificates earlier issued in favour of the respondents were cancelled by the appropriate Land Tribunal, the respondents cannot be said to have ownership or valid title entitling them to insist that revenue authorities accept basic tax; disputes regarding vesting and title of forest land must be settled under Section 8 of the 1971 Act, and issuance of a writ of mandamus to accept tax would improperly enable respondents to create title indirectly, therefore the High Court's mandamus was unsustainable and was set aside.

Court Disposition

Appeal allowed; impugned High Court judgments and orders quashed and set aside

Orders

  • Impugned judgment and order dated 23.11.2017 of the High Court of Kerala at Ernakulam in Writ Appeal No.29/2011 quashed and set aside
  • Judgment and order dated 08.07.2010 passed in Writ Petition No.11252/2008 quashed and set aside