Petitioner challenged non-acceptance of land tax. Court noted pending title litigation. Directed authorities to accept tax provisionally without settling title rights.
Direction to accept land tax on a provisional basis subject to the outcome of pending title litigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 5TH DAY OF SEPTEMBER 2013/14TH BHADRA, 1935
WP(C).No. 13779 of 2013 (V)
PETITIONER(S):
RAVEENDRANATH, S/O.CHATHUKUTTY, AGED 70 YEARS, KURIYANGARA HOUSE, CHERUVANNUR.P.O, KOZHIKODE DISTRICT.
BY ADVS.SRI.BINOY VASUDEVAN SMT.P.G.BABITHA
RESPONDENT(S):
1. THE TAHASILDAR, TALUK OFFICE, KOZHIKODE, PIN-673004.
2. THE VILLAGE OFFICER, VILLAGE OFFICE, KASABA, KOZHIKODE DISTRICT-673004.
3. P.MOHANDAS, S/O.APPU, AGED 55 YEARS, EDOLI HOUSE, THIRUTHIYAD, KALATHINKUNNU AMSOM DESOM, KOZHIKODE, PIN-673004.
R1 & 2 BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE R3 BY ADVS. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-09-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 13779 of 2013 (V)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT-P1 | TRUE COPY OF THE DOCUMENT NO.13/1970 OF S.R.O.KOZHIKODE. |
|---|---|
| EXHIBIT-P2 | TRUE COPY OF THE LAST LAND TAX REMITTED FOR THE YEAR 2002-03 DATED 10.05.2002. |
| EXHIBIT-P3 | TRUE COPY OF THE JUDGMENT DATED 30.09.2005 IN O.S.207/2003 RENDERED BY PRINCIPAL MUNSIFF-1,KOZHIKODE. |
| EXHIBIT-P4 | TRUE COPY OF THE JUDGMENT IN A.S.65/2006 DATED 25.07.2007 RENDERED BY THE COURT OF THE II ADDITIONAL DISTRICT JUDGE,KOZHIKODE. |
RESPONDENT(S)' EXHIBITS
/ TRUE COPY /
P.S. TO JUDGE
PJ
P.R. RAMACHANDRA MENON, J. :::::::::::::::::::::::::::::::::::::::::::::::: W.P.(C). No. 13779 of 2013
......................................................
Dated this the 5th day of September, 2013
JUDGMENT
The grievance of the petitioner is with regard to the non acceptance of tax in respect of the property covered by Ext.P1. It is stated that the petitioner had approached the concerned authority quite earlier and despite the issuance of Ext.P6 dated 28.05.2013, tax is still to be accepted and hence the challenge.
W.P.C. No. 13779 of 2013 -2-
Court does not find it necessary to adjudicate the issue on merits. The only point to be considered is with regard to the satisfaction of land tax in accordance with the Kerala Land Tax Act.
The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
kp/-
1 issue framed by the court
Whether the writ court can adjudicate on tax acceptance while title litigation is pending.
Raveendranath
The Tahasildar
The Village Officer
P. Mohandas
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
