Disposed

St. Francis Xaviour Association v. the District Collector Ernakulam

Kerala HC22 Jun 2012WP(C)/5063/2012

Case brief

AI extract

What is this about?

A writ petition challenging revenue tax collection disputed ownership of property. The court directed the Revenue Divisional Officer to conduct an inquiry and decide on the petitioner's representation within six weeks after hearing all parties.

What did the court decide?

Direction to the second respondent to conduct an enquiry and take a decision on Ext.P1 representation within six weeks after hearing all parties.

St. Francis Xaviour Association Vs the District… — RTI and Transparency | Kerala HC (2012)

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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 T.R.RAMACHANDRAN NAIR

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FRIDAY, THE 22ND DAY OF JUNE 2012/1ST ASHADHA 1934

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WP(C).No. 5063 of 2012 (G)

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PETITIONER:

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ST. FRANCIS XAVIOUR ASSOCIATION, (REG.NO.ER 98), EDAKKATTUVAYAL, VELIYANADU P.O, PIN - 682 319, ERNAKULAM DISTRICT, REPRESENTED BY ITS PRESIDENT C.V.RAGHAVAN.

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BY ADV. SRI.B.JAYASURYA.

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RESPONDENTS:

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1. THE DISTRICT COLLECTOR, COLLECTORATE, COLLECTORATE, KAKKANAD P.O.,ERNAKULAM, PIN - 682 030.

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2. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FORT KOCHI.P.O., ERNAKULAM DISTRICT, PIN - 682 001.

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3. THE VILLAGE OFFICER, VILLAGE OFFICE, EDAKKATTUVAYAL.P.O., ERNAKULAM DISTRICT, PIN - 682 319.

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*ADDITIONAL RESPONDENTS 4 & 5 IMPLEADED:

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4. RAJAN, S/O. KOTHAKULATHIL MADHAVAN, KARIMALAYIL HOUSE, EDAKKATTUVAYAL POST, ARAKUNNAM (VIA), ERNAKULAM DISTRICT.

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5. SHAKUNTHALA RAJAN, W/O. RAJAN, KARIMALAYIL HOUSE, EDAKKATTUVAYAL POST, ARAKUNNAM (VIA)., ERNAKULAM DISTRICT.

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*** ARE IMPLEADED AS PER ORDER DATED 26/03/2012 IN IA .NO.4112/2012.**

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R1 TO R3 BY GOVERNMENT PLEADER SMT. SANJEETHA, ADDL. R4 & R5 BY ADV. SRI.SHAJI THANKAPPAN.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).NO.5063/2012-G:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P-1 TRUE COPY OF THE REPRESENTATION DATED 3.8.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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EXT.P-2 TRUE COPY OF ENDORSEMENT VIDE NO.1572/11 DATED 12.8.2011 OF THE 2ND RESPONDENT ON EXT.P-1

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EXT.P-3 TRUE COPY OF THE REPRESENTATION DATED 16.1.2012 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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EXT.P-4 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER ASSOCIATION UNDER THE TRAVANCORE-COCHIN LITERARY AND SCIENTIFIC CHARITABLE SOCIETIES ACT 1955 ISSUED BY THE DISTRICT CO-OPERATIVE REGISTRAR (GENERAL), ERNAKULAM.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

T.R. Ramachandran Nair, J.

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- - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.5063 of 2012

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

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Dated this the 22nd day of June, 2012

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JUDGMENT

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This writ petition is filed by the petitioner Association seeking for a direction to the second respondent to take a decision on Ext.P1 representation.

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This is a case where the Association claims to be the owner of 1 Are and 62 Sq. M. of immovable property in R.S. No.98/5 in Block No.663 of Edakkattuvayal Village which was purchased in the year 1981 as per a sale deed. It is stated that they have been regularly paying revenue tax till April, 2010. Later, they came to know that tax is not being received on the ground that additional respondents 4 and 5 have remitted the tax. This is the complaint raised in Ext.P1 representation. Ext.P2 shows that the complaint has been forwarded for getting a report from the Village Officer.

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Learned counsel for the petitioner prayed for a direction to the second respondent to take a decision on Ext.P1 within a time frame, after conducting due enquiry.

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Since the issue will have to be considered by the appropriate authority, there will be a direction to the second respondent to conduct due

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WPC.5063/2012 - 2-

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enquiry and take a decision on Ext.P1 representation after hearing the petitioner and additional respondents 4 and 5, within a period of six weeks from the date of production of a certified copy of this judgment along with a copy of the writ petition, by the petitioner. It is made clear that this Court has not expressed anything on the merits of the matter.

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The writ petition is disposed of as above. No costs.

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(T.R. Ramachandran Nair, Judge.)

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kav/

St. Francis Xaviour Association v. the District Collector Ernakulam

Case brief

What is this about?

What did the court decide?

St. Francis Xaviour Association v. the District Collector Ernakulam

Case brief

What is this about?

What did the court decide?

What the court decided

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