Writ petition by landowners challenging refusal of revenue officials to accept land tax due to outstanding sales tax dues. Court directed authorities to accept land tax without affecting the state's right to proceed against property.
Direction to respondents to accept land tax from petitioners.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 2ND DAY OF DECEMBER 2014/11TH AGRAHAYANA, 1936
WP(C).No. 25910 of 2014 (K)
PETITIONER(S):
1. SHRI B. YOGESH PRABHU, PARTNER, M/S. YOGESH TRADING CO.,
S/O. LATE B.D.L PRABHU,AGED 53 YEARS, RESIDING AT "LAXMI NIVAS", BELLIKOTT, KASARAGOD.
2. SHRI. B.GURUDATH PRABHU, PARTNER, M/S. YOGESH TRADING CO.,
BY SRI.T.M.SREEDHARAN,SENIOR ADVOCATE ADVS. SRI.V.P.NARAYANAN SMT.DIVYA RAVINDRAN
RESPONDENT(S):
1. THE DISTRICT COLLECTOR, CIVIL STATION, KASARAGOD DISTRICT-671 121.
2. THE VILLAGE OFFICER, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671 121.
3. THE VILLAGE OFFICER, PULLUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671 121.
4. THE VILLAGE OFFICER, MADIKKAI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671 121.
5. THE TAHSILDAR,
R1 TO R5 BY SR GOVERNMENT PLEADER SRI.K.C.VINCENT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 25910 of 2014 (K)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
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A.MUHAMED MUSTAQUE, J.
=========================
W.P(C).No.25910 of 2014 K
============================ Dated this the 02nd day of December, 2014
JUDGMENT
The first petitioner is the owner of landed properties in resurvey Nos.394/B, 394/2A, 394/3, 394/4A and 424/3 in Ajanur Village, 444/16 in Pullur Village and 688/2 & 688/3 in Ambalathara Madikai Village. The second petitioner is the owner of landed property in resurvey No.327/6 in Ajanur Village. It seems there are sales tax dues from the petitioners and on account of this, revenue officials refused to accept basic tax from the petitioners. The right to proceed against the property by the State or any creditor will not be lost on account of acceptance of land tax.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/02/12/14
SHRI B. YOGESH PRABHU AND ANR.
THE DISTRICT COLLECTOR AND OTHERS.
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
