Disposed

S.Anil Ganesh v. the Village Officer, Muttathara

Kerala HC23 Oct 2013WP(C)/22929/2013

Case brief

AI extract

What is this about?

Petitioner challenged non-acceptance of land tax and mutation lapse. Court disposed of writ petition directing 2nd respondent (Tahasildar) to act on pending complaint after hearing petitioner and 5th respondent within two months.

What did the court decide?

Directed 2nd respondent to pass orders on Ext.P7 complaint within two months after hearing petitioner and 5th respondent.

S.Anil Ganesh Vs the Village Officer, Muttathara — Land Acquisition | 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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WEDNESDAY, THE 23RD DAY OF OCTOBER 2013/1ST KARTHIKA, 1935

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WP(C). No. 22929 of 2013 (M)

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PETITIONER:

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S. ANIL GANESH T.C. NO.42/927-U, MOHINI, VALLAKKADAVU P.O. THIRUVANANTHAPURAM -8.

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BY ADVS. SRI. P. BABU KUMAR SRI. P. YADHU KUMAR

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RESPONDENTS:

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1. THE VILLAGE OFFICER, MUTTATHARA PETTA P.O., THIRUVANANTHAPURAM 695 009

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2. THE TAHASILDAR TALUK OFFICE, THIRUVANANTHAPURAM 695 001.

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3. THE REVENUE DIVISIONAL OFFICER THIRUVANANTHAPURAM 695 001.

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4. THE DISTRICT COLLECTOR THIRUVANANTHAPURAM 695 001.

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5. C.S. MALLIKA

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V.S.S.C QUARTERS NO.C-96, THUMPA, ST. XAVIER'S COLLEGE THIRUVANANTHAPURAM 695 007.

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BY SENIOR GOVERNMENT PLEADER SRI. JOSEPH GEORGE BY ADV. SRI. V.V. SURESH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22929 of 2013 (M)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1	-	COPY OF THE SALE DEED NO.2261/2013 OF THIRUVANANTHAPURAM SRO DATED 5/7/2013
EXHIBIT P2	-	COPY OF THE RECEIPT ISSUED BY IST RESPONDENT DATED 26/7/2013
EXHIBIT P3	-	COPY OF THE POSSESSION CERTIFICATE ISSUED IN THE NAME OF S. UNNIKRISHNAN SUKUMARAN DATED 28/6/13.
EXHIBIT P4	-	COPY OF THE LOCATION CERTIFICATE DATED 26/6/2013
EXHIBIT P5	-	COPY OF THE LOCATION SKETCH ISSUED BY THE IST RESPONDENT DATED 4/7/2013
EXHIBIT P6	-	COPY OF THE TAX PAID RECEIPT DATED 24/6/2013
EXHIBIT P7	-	COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 2/8/2013
EXHIBIT P8	-	COPY OF THE REPORT SUBMITTED BY THE IST RESPONDENT TO THE 2ND RESPONDENT DATED 31/8/2011
EXHIBIT P9	-	COPY OF THE RELEVANT PAGE OF THE THANDAPER REGISTER WHICH IS NUMBERED AS 48599 IN THE NAME OF THE 5TH RESPONDENT DATED 2/8/2013

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RESPONDENTS' EXHIBITS:- NIL

//TRUE COPY//

P.A. TO JUDGE

P.R. RAMACHANDRA MENON, J.

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

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W.P.C. No.22929 OF 2013

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Dated this the 23^rd day of October, 2013.

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JUDGMENT

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The grievance of the petitioner is with regard to the nonacceptance of land tax and the lapse in effecting mutation of the property covered by Ext.P1, owned, possessed and enjoyed by the petitioner.

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The learned counsel for the petitioner submits that the property was purchased by the petitioner paying valid sale consideration and that the Vendor had exclusive title, possession and enjoyment over the property, which stands passed on to the petitioner by virtue of Ext.P1. Ext.P3 is the Possession Certificate dated 28.06.2013, while Ext.P6 is the copy of the receipt as to the payment of land tax effected on 24.06.2013. The petitioner has already approached the 2^nd respondent by filing Ext.P7 complaint, which is still to be acted upon and hence the writ petition.

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Heard the learned Government Pleader as well.

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Going by the pleadings and proceedings, it is seen that,

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W.P.C.No.22929 of 2013

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on receipt of Ext.P7 complaint, the same was forwarded to the 1^st respondent for getting a report. This being the position, the grievance of the petitioner has to be considered by the 2^nd respondent by passing appropriate orders on Ext.P7, after obtaining report from the 1^st respondent, affording an opportunity of hearing to the petitioner and also to the 5^th respondent.

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In the said circumstances, the writ petition is disposed of, directing the 2^nd respondent to pass appropriate orders on Ext.P7, in accordance with law, after hearing to the petitioner and the also the 5^th respondent. The proceedings as above shall be finalised at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment.

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

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P.R. RAMACHANDRA MENON, JUDGE

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S.Anil Ganesh v. the Village Officer, Muttathara

Case brief

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S.Anil Ganesh v. the Village Officer, Muttathara

Case brief

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