Petitioner sought writ mandamus for acceptance of land tax and issuance of possession certificates. Court directed petitioners to file application and remit tax within two weeks, stating respondents ready to comply under precedent.
Petitioner permitted to file application for tax acceptance and possession certificate within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 3RD DAY OF OCTOBER 2013/11TH ASWINA, 1935
WP(C).No. 4447 of 2013 (E)
PETITIONER :
MADHUSOODANAN NAIR, AGED 65 YEARS, TC NO.34/803, VALIATHOPPU, SANGHUMUKHAM, THIRUVANANTHAPURAM, PIN:695 008.
BY ADVS.SRI.KMV.PANDALAI
SMT.S.HEMALATHA
RESPONDENTS :
R1 TO R5 BY SR.GOVERNMENT PLEADER SRI. JOSEPH GEORGE R6 BY ADV. SRI.TOJAN J.VATHIKULAM,SC, CENTRAL BOARD OF EXCISE BY SRI.THOMAS MATHEW NELLIMOOTTIL,SC,CENTRAL BOARD OF EXCISE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4447 of 2013 (E)
APPENDIX
PETITIONER’S EXHIBITS :
EXHIBIT P1: COPY OF PETITIONER'S APPLICATION DTD 8.2.2012 FILED UNDER THE RIGHT TO INFORMATION ACT.
EXHIBIT P2: COPY OF REPLY DATED 25.2.2012 RECEIVED FROM THE 2ND RESPONDENT THE TAHSILDAR (R.R), THIRUVANANTHAPURAM.
EXHIBIT P3: COPY OF THE INTERIM STAY ORDER PASSED BY THIS HON'BLE COURT ON 12.8.2011 IN WPC NO.19067/2011.
RESPONDENTS' EXHIBITS : NIL
// True Copy //
P.A. To Judge
DSV/-
P.R. RAMACHANDRA MENON, J.
---------------------------------------
W.P.C.No.4447 OF 2013
Dated this the 3rd day of October, 2013.
JUDGMENT
The petitioner has approached this Court with the following
prayers:-
“ i. issue a writ of mandamus directing the 4th and 5th Respondents to accept the land tax from the Petitioner in respect of his properties situated in Sy.1871/1, 1871 & 1790/4 in Pettah Village and in Sy. No.1182/1,2 of Vanchiyoor Village in Thiruvananthapuram District and to issue possession certificates. And/or;
ii) issue any other Order, Writ or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.”
laxity on the part of the 4th and 5th respondents, in accepting the land tax and issuance of the Possession Certificate, in respect of the properties, owned, possessed and enjoyed by the petitioner.
2
W.P.C.No.4447 OF 2013
[2010 (4) KLT 215] , the 4th and 5th respondents are ready to accept the tax and to issue Possession Certificate to the petitioner, if the petitioner files a proper application in this regard and remits the tax accordingly.
In the above circumstances, the submission made by the learned Government Pleader is recorded and the petitioner is set at liberty to approach the 4th and 5th respondents, by filing necessary application for issuance of Possession Certificate and to enable him to satisfy the tax. The tax shall be accepted as and when the same is tendered and necessary Possession Certificate shall be issued, once the application is filed in this regard and satisfies the requirements, in accordance with the relevant provisions of law. This shall be done at the earliest, at any rate, within 'two weeks' from the date of receipt of a copy of this judgment.
Petitioner shall produce a copy of this judgment, along with a copy of this writ petition, before the 4th and 5th respondents, for further steps.
P.R. RAMACHANDRA MENON,
JUDGE
sp
2 issues framed by the court
Whether writ can be directed to accept land tax and issue possession certificates due to revenue recovery proceedings
Whether conditional relief for poll tax acceptance shall be given after application
Colour shows how this judgement treated each authority
Thulasibhai Vs. State of KeralaReferred¶40
Thulasibhai Vs. State of Kerala [2010 (4) KLT 215]
2 provisions across 2 enactments
MADHUSOODANAN NAIR
THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM
THE TAHSILDAR (RR), THIRUVANANTHAPURAM
P.R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
