The Kerala High Court dismissed a writ petition as it was squarely covered by, and thus follows, the Full Bench decision in State of Kerala v. Abdulla.
The writ petition stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 8TH DAY OF DECEMBER 2014/17TH AGRAHAYANA, 1936
WP(C).NO. 4978 OF 2009 (P)
PETITIONER(S):
SAMUEL DANIEL, S/O.LATE KOCHUKUNJU SAMUEL, KUTTITHEKKATHIL, NANGYARKULANGARA HARIPPAD, ALAPPUZHA DISTRICT.
BY ADVS.SRI.C.S.AJITH PRAKASH
SRI.T.D.SALIM
SRI.C.S.YESUDAS
SRI.PAUL C THOMAS
RESPONDENT(S):
1. THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE (SPECIAL CELL) DEPARTMENT, SECRETARAIT THIRUVANANTHAPURAM.
2. COMMISSIONER LAND REVENUE PUBLIC OFFICE BUILDINGS, MUSEUM, THIRUVANANTHAPURAM
3. DISTRICT COLLECTOR ALAPPUZHA DISTRICT.
4. REVENUE DIVISIONAL OFFICER, CHENGANNOOR, ALAPPUZHA DISTRICT.
5. TAHSILDAR, KARTHIKAPPALLY ALAPPUZHA DISTRICT.
6. VILLAGE OFFICER, PALLIPPAD KARTHIKAPPALLY TALUK, PALLIPAD PO, ALAPPUZHA.
BY ADV. GOVERNMENT PLEADER SMT.K.T.LILLY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).NO. 4978 OF 2009 (P)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: A TRUE COPY OF THE CERTIFICATE NO.C3-5/2002 ISSUED BY THE SECRETARY, PALLIPPAD GRAMA PANCHAYAT DATED 14.05.2002
EXT.P2: A TRUE COPY OF THE CERTIFICATE NO.A3-108/08 ISSUED BY THE SECRETARY, PALLIPPAD GRAMA PANCHAYAT DATED 07.12.2008
EXT.P3(a): A TRUE COPY OF THE GROUND FLOOR PLAN OF THE BUILDING
EXT.P3(b): A TRUE COPY OF THE FIRST FLOOR PLAN OF THE BUILDING
EXT.P3(c): A TRUE COPY OF THE FRONT ELEVATION OF THE BUILDING PLAN
EXT.P4: A TRUE COPY OF THE ORDER OF ASSESSMENT UNDER THE KBT ACT NO.D4/13644/01 DATED 29.11.2001
EXT.P5: A TRUE COPY OF THE RECEIPT NO.2136335 DATED 04.02.2003 FOR THE REMITTANCE OF BUILDING TAX
EXT.P6: A TRUE COPY OF THE ORDER NO.K.DIS,5599/2006/B3 DATED 17.02.2006 OF DISTRICT COLLECTOR, ALAPPUZHA
EXT.P7(a): A TRUE COPY OF THE LETTER DATED 15.01.2007 ADDRESSED TO RDO, CHENGANNOOR
EXT.P7(b): A TRUE COPY OF THE LETTER DATED 15.01.2007 ADDRESSED TO DISTRICT COLLECTOR, ALAPPUZHA
EXT.P7(c): A TRUE COPY OF THE LETTER DATED 15.01.2007 ADDRESSED TO LAND REVENUE COMMISSIONER , THIRUVANANTHAPURAM
EXT.P8(a): A TRUE COPY OF THE NOTICE NO.BTA 231/07/J DATED 06.02.2007 OF RDO, CHENGANNOOR
EXT.P8(b): A TRUE COPY OF THE LETTER NO.B3-18044/07 DATED 28-07-2007 OF DISTRICT COLLECTOR, ALAPPUZHA
EXT.P8(c): A TRUE COPY OF THE LETTER LRBI-2551/07/L.DIS DATED 30.01.2007 OF LAND REVENUE COMMISSIONER , THIRUVANANTHAPURAM
EXT.P8(d): A TRUE COPY OF THE LETTER NO.-77134/SCI/07RD DATED 19.05.2008 OF PRINCIPAL SECRETARY (SPECIAL CELL), REVENUE DEPARTMENT, THIRUVANANTHAPURAM
EXT.P9: A TRUE COPY OF THE PETITION DATED 28.01.2008 ADDRESSED TO DISTRICT COLLECTOR, ALAPPUZHA
EXT.P10: A TRUE COPY OF THE LETTER B3-50085/07/K.DIS DATED 12.06.2008 OF DISTRICT COLLECTOR, ALAPPUZHA
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
P A TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J.
............................................................. W.P.(C).No.4978 of 2009
............................................................. Dated this the 8th day of December, 2014
J U D G M E N T
The issue raised in the writ petition stands squarely covered against the petitioner by the decision of the Full Bench of this Court in State of Kerala v. Abdulla [2012 (1) KLT 178 (F.B)] . Accordingly, following the judgment referred to above, the writ petition stands dismissed.
A.K.JAYASANKARAN NAMBIAR JUDGE
mns
1 issue framed by the court
Whether the writ petition is barred by the decision of the Full Bench in State of Kerala v. Abdulla.
Colour shows how this judgement treated each authority
State of Kerala v. AbdullaFollowed¶48
State of Kerala v. Abdulla [2012 (1) KLT 178 (F.B)]
SAMUEL DANIEL
THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE (SPECIAL CELL) DEPARTMENT, SECRETARAIT THIRUVANANTHAPURAM
COMMISSIONER LAND REVENUE PUBLIC OFFICE BUILDINGS, MUSEUM, THIRUVANANTHAPURAM
DISTRICT COLLECTOR ALAPPUZHA DISTRICT
A.K.JAYASANKARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
