Disposed

Raghavan v. Village Officer, Thripunithura

Kerala HC23 Oct 2013WP(C)/23831/2013

Case brief

AI extract

What is this about?

This writ petition challenged the non-acceptance of land tax by the respondents. The court disposed of the petition after an enquiry report suggested no hindrance in collecting tax, directing the Tahsildar to pass appropriate orders within six weeks after hearing.

What did the court decide?

Directing the 2nd respondent to pass appropriate orders on the application within six weeks after hearing.

Raghavan Vs Village Officer, Thripunithura — Kerala HC (2013) — LawSathi Research

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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. 23831 of 2013 (D)

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PETITIONER:

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RAGHAVAN KOLLIMUTTATH PARAMBU, THRIPUNITHRUA, THEKKUMBHAGAM THRIPUNITHURA.

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BY ADV. SRI. E.D. GEORGE

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RESPONDENTS:

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1. VILLAGE OFFICER, THRIPUNITHURA-682 301.

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2. TAHSILDAR

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TALUK OFFICE, KANAYANNUR, PIN-682 011.

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BY SENIOR GOVERNMENT PLEADER SRI. JOSEPH GEORGE

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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. 23831 of 2013 (D)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1 - COPY OF THE DOCUMENT NO.4623/94 DATED 28/11/1994. EXHIBIT P2 - COPY OF THE TAX RECEIPT DATED 5/5/1994. EXHIBIT P2(A) - COPY OF THE TAX RECEIPT DATED 20/7/2009. EXHIBIT P3 - COPY OF THE PETITION DATED 7/12/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P4 - COPY OF THE PETITION DATED 7/12/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P5 - COPY OF THE JUDGMENT DATED 9/2/2012 IN WPC NO.535/2012. EXHIBIT P6 - COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 20/6/2013. EXHIBIT P7 - COPY OF THE REPORT OF THE VILLAGE OFFICER, RECEIVED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT.

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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.23831 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 petitioner is stated as owner of the property having an

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extent of 51 cents in Sy. No.274/5 of Tripunithura Thekkumbhagom Village, covered by Ext.P1 title deed and the petitioner was enjoying the same also satisfying the land tax under the Kerala Land Tax Act, as borne by Ext.P2 tax receipts. However, the tax was not accepted from 2010 onwards, absolutely without any rhyme or reason, which made the petitioner to file Ext.P6 representation before the 1^st respondent for immediate intervention. Since nothing has turned out in the positive, the petitioner is compelled to approach this Court by filing this writ petition.

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Heard the learned Government Pleader as well, who submits on instructions that, pursuant to Ext.P6 preferred by the petitioner, the matter was forwarded to the 1^st respondent for conducting an enquiry, and after conducting an enquiry, the

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W.P.C.No.23831 of 2013

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1^st respondent has submitted Ext.P7 report, virtually to the effect that there is no hindrance in collecting the land tax from the petitioner. The learned Government Pleader further submits that, the matter will be considered and finalised by the 2^nd respondent in the light of Ext.P7, within the shortest possible time.

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In the above circumstances, the writ petition is disposed of, directing the 2^nd respondent to pass appropriate orders on Ext.P6 in the light of Ext.P7, so as to cause the grievance of the petitioner to be redressed with regard to the satisfaction of land tax in respect of the property covered by Ext.P1. This shall be done, after giving an opportunity of hearing to the petitioner and also to the others concerned as mentioned in Ext.P7, at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment.

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P.R. RAMACHANDRA MENON,

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JUDGE

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Raghavan v. Village Officer, Thripunithura

Case brief

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Raghavan v. Village Officer, Thripunithura

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