Disposed

Raghavan.G v. the District Collector, Thiruvananthapuram

Kerala HC10 Jun 2014WP(C)/898/2014

Case brief

AI extract

What is this about?

In this limited disposal, the Court directed the petitioner to remit tax pursuant to resurvey details available with the respondent authorities. The petition regarding quashing of proceedings and immediate tax assessment was dismissed pending the completion of resurvey, which had since been completed.

What did the court decide?

Ordered to remit tax pursuant to resurvey details available with respondent authorities. Other reliefs dismissed.

Raghavan.G Vs the District Collector, Thiruvananthapuram — Land Acquisition | Kerala HC (2014)

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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 A.M.SHAFFIQUE

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TUESDAY, THE 10TH DAY OF JUNE 2014/20TH JYAISHTA, 1936

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WP(C).No. 898 of 2014 (J)

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PETITIONER(S):

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RAGHAVAN.G, AGED 62 YEARS, S/O.GOPALAN, T.C. 3/2748(1), PATTOM, THIRUVANANTHAPURAM REPRESENTED BY HIS POWER OF ATTORNEY HOLDER GOPAKUMAR B.NAIR, T.C. 5/2560, SREELAKSHMI, SASTHAMANGALAM, THIRUVANANTHAPURAM.

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BY ADVS.SRI.D.KISHORE SMT.MINI GOPINATH

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695 001.

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2. THE TAHSILDAR, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM -695 001.

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3. THE ADDITIONAL TAHSILDAR, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM -695 001.

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4. THE VILLAGE OFFICER, PATTOM VILLAGE, THIRUVANANTHAPURAM - 695 001.

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5. THE TALUK SURVEYOR, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM - 695 001.

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BY SENIOR GOVERNMENT PLEADER SMT.SUNITHA VINOD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 898 of 2014 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P-1: TRUE COPY OF THE SALE DEED NO.1875/2003 DATED 29.5.2003

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EXT.P-2: TRUE COPY OF THE TAX RECEIPT DATED 7.11.13 PERTAINING TO THE PETITIONER'S PROPERTY.

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EXT.P-3: TRUE COPY OF THE REPRESENTATION DATED 19.8.2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

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EXT.P-4: TRUE COPY OF THE JUDGEMENT DATED 4.9.2013 IN WPC 21959 OF 2013 OF THIS HONOURABLE COURT.

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EXT.P-5: TRUE COPY OF THE HEARING NOTE DATED 18.10.2013 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

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EXT.P-6: TRUE COPY OF THE RESURVEY FIELD REGISTER ALONG WITH THE FIELD MAP PERTAINING TO THE PETITIONER'S PROPERTY.

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EXT.P-7: TRUE COPY OF THE PROCEEDINGS NO.11457654/13 DATED 26.12.2013 OF THE 3RD RESPONDENT.

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EXT.P-8: TRUE COPY OF THE PROCEEDINGS NO.B3/853/13 DATED 19.11.2013 ISSUED BY THE SUPERINTENDENT OF SURVEY AND LAND RECORDS

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EXT.P9: TRUE COPY OF THE REPRESENTATION DATED 22/4/14 SUBMITTED BY THE POWER OF ATTORNEY HOLDER OF THE PETITIONER BEFORE THE 3RD RESPONDENT

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EXT.P10: TRUE COPY OF THE LETTER NO.505/2014 DATED 4/6/14 ISSUED BY THE VILLAGE OFFICER PATTOM.

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

A.M.SHAFFIQUE, J.

W.P.C.No.898 OF 2014

Dated this the 10^th June, 2014

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JUDGMENT

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The writ petition is filed, inter alia, seeking the following reliefs:

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“a. call for the records leading to the passing of Exhibit P7 and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction.

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b. issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to enter the actual extent of the property of the petitioner covered by Exhibit P1 in the revenue records on the basis of Exhibit P6 and accept the tax for the whole property without waiting for the completion of resurvey proceedings, forthwith.”

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During the pendency of the writ petition, it is submitted that the re-survey has been completed. Hence, pursuant to Ext.P3, appropriate orders can be passed for receipt of tax within a period of two months from the date of receipt of a copy of this judgment.

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Having regard to the aforesaid submission, I do not

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think that anything else survives in this writ petition and it shall

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W.P.C.No.898 OF 2014

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always open for the petitioner to remit tax pursuant to the resurvey details available with the respondent authorities.

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Under these circumstances, this writ petition is disposed of

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with the above directions.

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Sd/A.M.SHAFFIQUE, JUDGE

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// TRUE COPY // P.A. TO JUDGE

Raghavan.G v. the District Collector, Thiruvananthapuram

Case brief

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Raghavan.G v. the District Collector, Thiruvananthapuram

Case brief

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