ഇതെന്താ വെള്ളരിക്കാപട്ടണമോ?ഭൂമിയുടെ കരമടവും പോക്കുവരവും വെറുതെ അങ്ങനെ നിഷേധിക്കാൻ പറ്റുമോ 9447464502

Описание: Dealing with a revenue official who refuses to perform a statutory duty without a written explanation is a classic case of administrative high-handedness. In Kerala, the Transfer of Registry (Pokkuvaravu) and the acceptance of Land Tax are governed by the Kerala Land Tax Act, 1961 and the Transfer of Registry Rules, 1966.
Legally, a Village Officer cannot simply say "No." They are required to follow due process. Here is a breakdown of your legal standing and the steps you should take to resolve this.
1. The Legal Reality
Tax Remittance is a Right: The Supreme Court and the Kerala High Court have repeatedly held that the revenue department cannot refuse to accept land tax. Paying tax doesn't prove ownership in a title dispute, but the state has a mandate to collect revenue unless the land is specifically under an attachment or prohibitory order by a court.
The "Speaking Order" Requirement: Under administrative law, if an official rejects an application, they must provide a "Speaking Order"—a written document detailing the specific legal grounds for the rejection.
2. Likely Reasons for the Delay (Hidden or Otherwise)
Even if they haven't told you, the denial usually stems from one of these:
Revenue Records Discrepancy: Differences between your "Aadharam" (Deed) and the "Thandaper" (Revenue Register).
Re-survey Issues: Errors during the digital re-survey where the land area in the record is less than what you actually possess.
Prohibitory Orders: The land might be flagged as "Excess Land," "Puramboke," or under a "Vigilance Case."
3. Your Strategic Action Plan
Step A: Formalize the Request (Paper Trail)
Do not rely on verbal requests. If you haven't already, submit a formal application for Pokkuvaravu via the Revenue e-Services portal.
If the portal is blocked, send a physical application via Registered Post with Acknowledgment Due (AD). This creates a legal record that the official received your request.
Step B: The Right to Information (RTI)
If they still refuse, file an RTI application to the Village Office (Public Information Officer). Ask two specific questions:
What is the current status of the Pokkuvaravu application for Survey No: [Your Number]?
Provide the copy of the order or circular based on which the remittance of land tax for the said property was denied.
Step C: Hierarchical Escalation
If the Village Officer remains stubborn, you have a statutory right to appeal.
Tehsildar: File a complaint with the Tehsildar (Land Records) of your Taluk.
RDO (Revenue Divisional Officer): If the Tehsildar doesn't act, the RDO is the next appellate authority.
District Collector: You can present this at a "Collector’s Grievance Redressal Cell" (Karuthalum Kaithangum).
4. Legal Remedies
If the administrative route fails, you have two powerful options:
| Option | Process | Effect |
| Ombudsman | File a complaint with the Local Self Government/Ombudsman for Kerala. | Addresses "Maladministration" and negligence of duty. |
| Writ of Mandamus | File a Writ Petition in the Kerala High Court. | The Court will issue a direct order to the official to perform their duty and accept the tax/process the application. |
Important Note on "Thandaper"
Ensure your land is not categorized under "Bhumitharsham" (Land data bank issues) or the Kerala Conservation of Paddy Land and Wetland Act, as this is a common reason for officials to stall, though they are still required to give you that reason in writing..
James Joseph Adhikarathil mob. 9447464502