Disposed

Lijeesh v. District Collector, Kozhikode

Kerala HC25 Oct 2013WP(C)/19972/2013

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition where the petitioner sought a directive for the 3rd respondent to accept tax. The court held that adjudicating the merits was unnecessary due to the limited relief sought, instead directing the 2nd respondent to consider the complaint within six weeks and pass appropriate orders.

What did the court decide?

Directed 2nd respondent to consider Ext.P3 and pass appropriate orders within six weeks, with notice to petitioner and 4th respondent.

Lijeesh Vs District Collector, Kozhikode — Landlord and Tenant | Kerala HC (2013)

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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 P.R.RAMACHANDRA MENON

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FRIDAY, THE 25TH DAY OF OCTOBER 2013/3RD KARTHIKA, 1935

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WP(C).No. 19972 of 2013 (V)

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PETITIONER:-

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LIJEESH CHITTILAKKAD, AGED 22 YEARS S/O.LAKSHMANAN C., CHITTILAKKAT HOUSE NEELAM KUZHITHAZHAM, PAVANGAD P.O., PUTHIYANGADI KOZHIKODE - 673 021.

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BY ADVS.SRI.SANTHARAM.P

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SMT.REKHA ARAVIND

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RESPONDENTS:

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1. DISTRICT COLLECTOR, OLD BLOCK, CIVIL STATION, KOZHIKODE - 673 020.

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2. THAHASILDAR, CIVIL STATION P.O., KOZHIKODE - 673 020.

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3. VILLAGE OFFICER,

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ELATHUR VILLAGE OFFICE, ELATHUR P.O. KOZHIKODE DISTRICT - 673 303.

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4. SURENDRAN, S/O.LATE PERAVAKKUTTY, KUNIYIL HOUSE, KOTTEDATH BAZAAR ELATHUR P.O., KOZHIKODE DISTRICT - 673 303.

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R1 TO R3 BY GOVERNMENT PLEADER

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R4 BY ADVS. SRI.P.S.SREEDHARAN PILLAI

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SRI.ARJUN SREEDHAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 19972 of 2013 (V)

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APPENDIX

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PETITIONER'S EXHIBITS

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EXHIBIT P1. TRUE COPY OF THE DOCUMENT NO.1438/2002 OF S.R.O, WEST HILL.

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EXHIBIT P2. TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER IN HIS FATHER'S NAME.

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EXHIBIT P3. TRUE COPY OF THE COMPLAINT DATED 27.09.2012, PREFERRED BEFORE THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS

NIL

//True copy//

P.A. TO JUDGE

Shg/

P.R. RAMACHANDRA MENON, J.

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

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W.P.C. No.19972 OF 2013

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Dated this the 25^th day of October, 2013.

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JUDGMENT

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The petitioner has approached this Court with the following

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prayers :

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“1. to issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 3^rd respondent to accept the tax from the petitioner for his property, devolved upon him as per Ext.P1, which is comprised in R.S. No.85/13 in Elathoor amsom desom of Kozhikode Taluk

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and

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2. Such other order or direction deems fit and proper for this Hon'ble Court in facts and circumstances of the case.”

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The learned counsel for the petitioner submits that,

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the only relief sought for is to cause Ext.P3 complaint preferred

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by the petitioner to be considered and disposed of within a reasonable time.

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Heard the learned Government Pleader as well.

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Considering the limited extent of relief sought for, this

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Court does not find it necessary to adjudicate the issue on merits.

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W.P.C.No.19972 of 2013

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The writ petition is disposed of, directing the 2^nd respondent to consider Ext.P3 and pass appropriate orders, in accordance with law, with notice to the petitioner as well as the 4^th respondent and after hearing, which shall be done at the earliest, at any rate within 'six weeks' from the date of receipt of a copy of this judgment.

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The petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the 2^nd respondent, for further steps.

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The Writ Petition is disposed of.

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P.R. RAMACHANDRA MENON,

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JUDGE

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Lijeesh v. District Collector, Kozhikode

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Lijeesh v. District Collector, Kozhikode

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