The High Court clarified that when releasing withheld compensation under a prior order, the Tahsildar should not deduct any amount for income tax, ensuring full payment of the 20% share to the pettioners.
Clarification issued directing Tahsildar not to deduct income tax and to release the full 20% compensation amount.
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 T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937
WA.No. 1706 of 2015 () IN WP(C).20873/2015
AGAINST THE JUDGMENT IN WP(C) 20873/2015 OF HIGH COURT OF KERALA DATED 10-07-2015
APPELLANTS/PETITIONERS:
1. RANI JOJI
W/O.JOJI CHERIAN, RESIDING AT DOOR NO.8/487 LIBRARY ROAD, ALUVA, ERNAKULAM DISTRICT.
2. ITHAMMA D/O.VELLOOKKUNNEL VARKEY, KANJOOR ANGADI KIZHAKUMPURAM VILLAGE, ALUVA TALUK ERNAKULAM DISTRICT NOW RESIDING AT PARAKA VEEDU HOUSE DESOM WEST, CHENGAMANAD.
BY ADVS.SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN
RESPONDENTS/RESPONDENTS:
1. THE DISTRICT COLLECTOR, ERNAKULAM, PIN-682030.
2. SPECIAL TAHSILDAR (LA) 2, KOCHI METRO RAIL PROJECT CIVIL STATION, KAKKANAD 682030.
3. THE MANAGING DIRECTOR (KMRL) KOCHI METRO RAIL LTD., 8TH FLOOR, REVENUE TOWER KOCHI-682 011.
4. STATE OF KERALA
5. THE INCOME TAX OFFICER
R1, R2 & R4 BY SENIOR GOVERNMENT PLEADER SRI. LIJU STEPHEN R3 BY SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL LTD. R5 BY SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
shg/
WA.No. 1706 of 2015 () IN WP(C).20873/2015
APPENDIX
APPELLANTS' ANNEXURES:
A1. COPY OF THE INTERIM ORDER DATED 22.7.2015 IN W.P.(C) NO.21478/2015 FILED BY THE KOCHI METRO RAIL LTD.
RESPONDENTS' ANNEXURES:
NIL
//TRUE COPY//
P.A. TO JUDGE
T.R. RAMACHANDRAN NAIR & K.P. JYOTHINDRANATH, JJ.
- - - - - - - - - - - - - - - - - - - - - - -
W.A.No.1706 of 2015
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Dated this the 4th day of August, 2015
J U D G M E N T
Ramachandran Nair, J.
The appellants are the petitioners in W.P.(C)
No.20873/2015.
W.A.No.1706 of 2015
-2-
amount representing 20% the Tahsildar will not deduct any amount towards income tax and the total amount representing 20% compensation will be released to the appellants/petitioners.
The Writ Appeal is accordingly disposed of modifying the judgment of the learned Single Judge to the above extent.
Sd/-
T.R. RAMACHANDRAN NAIR JUDGE
Sd/-
K.P. JYOTHINDRANATH
JUDGE
//True copy//
P.A. TO JUDGE
shg/
1 issue framed by the court
Whether income tax components should be deducted when releasing the 20% compensation amount directed in the underlying judgment.
1 provisions across 1 enactments
Rani Joji & Ors
District Collector, Ernakulam & Ors
T.R.Ramachandran Nair
K.P.Jyothindrnanath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
