Disposed

Antony K.J v. the District Collector, Ernakulam

Kerala HC24 Nov 2011WP(C)/15872/2011

Case brief

AI extract

What is this about?

The petitioner challenged the refusal to accept tax and issue a possession certificate due to pending recovery proceedings by his vendor. The court relied on precedent to allow the petitioner to pay tax or seek the certificate without prejudice to the pending proceedings.

What did the court decide?

Petitioner directed to approach 2nd respondent for tax payment or possession certificate; acceptance shall not prejudice pending proceedings.

Antony K.J Vs the District Collector, Ernakulam — Land Acquisition | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933

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WP(C).No. 15872 of 2011(H)

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--------------------------

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PETITIONER(S):

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-----------------------

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ANTONEY.K.J, AGED 45 YEARS, BUSINESS, S/O.K.J.JOSEPH, KANAPPILLI VEEDU, KADAVANTHARA, ERNAKULAM.

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BY ADV. SRI.SUNIL NAIR PALAKKAT

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RESPONDENT(S):

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-------------------------

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1. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, COLLECTORATE, KAKKANAD, ERNAKULAM-682 021.

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2. THE VILLAGE OFFICER, VENGOLA VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-683 556.

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SENIOR GOVT.PLEADER SRI.JOSEPH GEORGE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NO.15872/11

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1: TRUE COPY OF THE DOCUMENT NO.2630/08 OF SRO PERUMBAVOOR DT 1.4.2008.

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EXT.P2: TRUE COPY OF THE LAND TAX RECEIPT 25/2/11 ISSUED BY THE 2ND RESPONDNET WITH REGARD TO THE LAND COVERED UNDER EXT.P1.

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EXT.P3: TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DT 2.6.11 WITH REGARD TO THE LAND COVERED UNDER EXT.P1 SALE DEED ISSUED BY THE REGISTRATION DEPARTMENT.

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EXT.P4: TRUE COPY OF THE APPLICATION FOR POSSESSION CERTIFICATE DT 26.5.11 SUBMITTED BY THE PETITIONER.

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EXT.P5: TRUE COPY OF THE APPLICATION FOR CITE PLAN DT 26.5.11 SUBMITTED BY THE PETITIONER.

//TRUE COPY//

P.A. TO JUDGE

ANTONY DOMINIC, J. ================ W.P.(C) NO. 15872 OF 2011

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=====================

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Dated this the 24^th day of November, 2011

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J U D G M E N T

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Petitioner says that by Ext.P1, he purchased 8.670 cents of land comprised in Sy.No.174/16 of Vengola Village. It is stated that since then, the property has been mutated and he has been paying the tax due also. However, on 26/5/11, 2^nd respondent refused to accept tax. Therefore, the writ petition is filed.

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Learned Government Pleader on instruction submits that such refusal was on account of the pendency of recovery proceedings for the liability of the petitioner's vendor. However, as held by this court in Anwar M.Easa v. District Collector, Ernakulam (2010(1) KLT 747), the pendency of any recovery proceedings cannot be a bar for accepting the tax or issuing possession certificate.

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Therefore, I direct that it will be open to the petitioner to approach the 2^nd respondent for payment of tax or the issue of a possession certificate, in which event, tax will be accepted and needful will be done on his application for possession certificate. Needless to say that the acceptance of the tax or issue of the

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WPC No. 15872/11

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:2 :

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certificate as above shall not be to the prejudice of the respondents in the proceedings that are pending.

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Writ petition is disposed of as above.

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Sd/- ANTONY DOMINIC, JUDGE

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//True Copy//

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PA to Judge

Antony K.J v. the District Collector, Ernakulam

Case brief

What is this about?

What did the court decide?

Antony K.J v. the District Collector, Ernakulam

Case brief

What is this about?

What did the court decide?

What the court decided

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