Partly allowed

K.S.Saji v. the District Collector.

Kerala HC11 Sept 2007WP(C)/4035/2007

Case brief

AI extract

What is this about?

Court disposed of the writ petition by directing revenue authorities to withhold recovery of the balance building tax for three months. Petitioner must clear dues if acquisition fails; if complete, no further tax liability arises, with potential claim for tax amount and compensation.

What did the court decide?

Recovery of balance building tax withheld for three months; liability to pay cleared if acquisition fails; no liability if acquisition completes.

K.S.Saji Vs the District Collector. — Land Acquisition | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR

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TUESDAY, THE 11TH SEPTEMBER 2007 / 20TH BHADRA 1929

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WP(C).No. 4035 of 2007(E)

PETITIONER:

K.S.SAJI, S/O.K.V.SANKARANARAYANAN, AGED 35 YEARS, KUTTIKKATTIL HOUSE, UMA NAGAR, KALATHODE, THRISSUR DISTRICT.

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BY ADV. SRI.JIJO PAUL

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RESPONDENTS:

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THE DISTRICT COLLECTOR, THRISSUR.

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THE REVENUE DIVISIONAL OFFICER, THRISSUR.

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THE SPECIAL TAHSILDAR (LA), N.H.D.P. UNIT, NO.III, THRISSUR-20.

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BY G.P. SRI. C.K. GOVINDAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 TRUE COPY OF THE ORDER NO. K.DIS. 4619/05/CI DATED 23.4.2005 OF THE SECOND RESPONDENT.

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EXT.P2 TRUE COPY OF THE ORDER NO. GI 25396/05/ DSATED 15.11.2005 OF THE FIRST RESPONDENT.

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EXT.P3 TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT AS NO. K.DIS. 8270/2005/C1 DATED 24.3.2006.

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EXT.P4 TRUE COPY OF THE MEMORANDUM OF REVISION DATED 4.4.2006 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

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EXT.P5 TRUE COPY OF THE COMMUNICATION ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER AS NO. G1-19516/06 DATED 28.6.2006

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EXT.P6 TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT.

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EXT.P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER DATED 28.6.2006

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RESPONDENTS' EXHIBITS: NIL.

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TRUE COPY

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P.S. TO JUDGE.

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C.N.RAMACHANDRAN NAIR,J.

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W.P.C. NO. 4035 OF 2007

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Dated this the 11th day of September, 2007

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JUDGMENT

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Petitioner's grievance is that building tax is being recovered in respect of building which is subject matter of acquisition proceedings. Petitioner has already paid three instalments. In the circumstances, W.P. is disposed of directing the respondents to withhold recovery of balance building tax from the petitioner for a period of three months from now. In between if acquisition does not take place petitioner will clear the entire building tax and it is open to the petitioner to claim tax amount also along with compensation. If acquisition is complete by then , petitioner will not be liable to pay balance.

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(C.N.RAMACHANDRAN NAIR) Judge

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K.S.Saji v. the District Collector.

Case brief

What is this about?

What did the court decide?

K.S.Saji v. the District Collector.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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