Review petition challenging a writ judgment that ordered remittance of basic tax. The Court held tax remittance does not improve title and directed parties to pursue the civil dispute in the Civil Court, disposing of the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933
RP.No. 406 of 2011(T)
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AGAINST THE JUDGEMENT/ORDER IN WPC.4952/2011 Dated 17/02/2011
REVIEW PETITIONER /3rd PARTIES :
BY ADV. MR. V.T.MADHAVANUNNI
MR. V.A.SATHEESH
RESPONDENTS:
BY GOVERNMENT PLEADER MS. M. J. RAJASHREE
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.R. RAMACHANDRA MENON J.
R.P. No. 406 of 2011 in
W.P (C) No . of 2011
Dated, this the 18th July , 2011
ORDER
The review petitioner, who was not a party to the Writ Petition has approached this Court, seeking to review the judgment dated 17.02.2011 in W.P.(C) No. 4952 of 2011, stating that, the verdict passed by this Court, enabling the Writ Petitioner to remit 'basic tax' has adversely affected the rights and interests of the review petitioner.
R.P. No. 406 of 2011 in W.P. (C) No. 4952 of 2011
: 2 :
the writ petitioner has no right to enjoy the property by remitting tax, submits the learned counsel for the review petitioner.
The Review Petition is disposed of.
P. R. RAMACHANDRA MENON, JUDGE
kmd
2 issues framed by the court
Whether remittance of basic tax by a writ petitioner improves their title when a civil dispute regarding the property is pending.
Whether the review petitioner has locus to review the judgment adversely affecting their interests in a pending civil dispute over the property.
Kunhiraman
C.J. Joseph
The Tahsildar
The Village Officer
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
