Kerala High Court Allows Provisional Acceptance of Land Tax Amid Ongoing Legal Proceedings

Decision Affects Fishermen Community and Other Petitioners Awaiting Supreme Court Outcome

In a significant judgment, the Kerala High Court, presided over by Justice C. Jayachandran, has ruled in favor of the provisional acceptance of land tax for petitioners and similarly placed individuals, pending the outcome of proceedings before the Hon'ble Supreme Court and related writ petitions. This decision comes as a relief to many, particularly those from the fishermen community, who have been awaiting legal clarity on the issue.

The case, Bhoo Samrakshana Samithy v. District Collector, Civil Station, Ernakulam, revolved around the petitioners' request for the issuance of a mandamus directing the acceptance of land tax for their properties. The petitioners sought relief to effect mutation, transfer of properties, and issuance of encumbrance certificates. The State also supported this request in a connected application, I.A.No.1/2025 in W.P.(C) No.36063/2022.

The petitioners were represented by Senior Counsel Sri.T.Krishnanunni, who argued for an interim order based on a prior judgment by a Division Bench in State of Kerala v. T.K.I.Ahamed Sharief, which recognized the petitioners' rights. The Advocate General supported this argument, highlighting the urgency of the matter affecting several individuals from the fishermen community who would be impacted if land tax acceptance was delayed.

However, this move was met with opposition from other petitioners in W.P.(C) No.36063/2022, represented by their counsel, who pointed out that a challenge to the previous judgment was pending before the Supreme Court. Despite this opposition, there was a consensus that the acceptance of land tax could be allowed provisionally, subject to the final outcomes of the Supreme Court proceedings and the current writ petitions.

Justice Jayachandran directed the District Collector, Tahsildar, and Village Officer to provisionally accept the land tax from the petitioners, subject to the Supreme Court's decision and outcomes from several pending writ petitions. This decision is expected to provide temporary relief to those affected, while awaiting further legal developments. The case is scheduled for further consideration on December 17, 2025.

Bottom Line:

Acceptance of land tax provisionally, subject to the outcome of pending proceedings before the Hon'ble Supreme Court and related writ petitions.

Statutory provision(s): [The judgment does not specify statutory provisions explicitly, but it involves land tax laws and proceedings related to property mutation and transfer.]

This judgment highlights the ongoing legal complexities surrounding land tax issues in Kerala, and the court's provisional solution seeks to balance immediate relief with pending higher court proceedings.

Bhoo Samrakshana Samithy v. District Collector, Civil Station, Ernakulam, (Kerala) : Law Finder Doc Id # 2812891