Asharaf v. the Tahsildar
Case brief
What is this about?
Held that the Tax Authority must accept basic tax from the purchasers of the land. A valid registered transfer prevents the tax from enuring only to the vendor's benefit, entitling the new owners to claim payment.
What did the court decide?
The writ petition was disposed of directing the 2nd Respondent to accept the basic tax from the petitioners.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 1ST DAY OF JULY 2015/10TH ASHADHA, 1937
WP(C).No. 7074 of 2015 (H)
PETITIONER(S):
1. ASHARAF, S/O.CHEMPANKUZHIYIL MUHAMMED, MELATTUR P.O., MALAPPURAM DISTRICT.
2. UMMER,
- S/O.VATTIPARAMBATH ALAVI HAJI, VENGOOR P.O., MALAPPURAM DISTRICT.
3. RAFEEQ, S/O.VATTIPARAMBATH HAMSAGURUKKAL, VENGOOR P.O., MALAPPURAM DISTRICT.
BY ADVS.SRI.K.MOHANAKANNAN, SMT.A.R.PRAVITHA.
RESPONDENT(S):
Issues for consideration
2 issues framed by the court
Whether respondents can decline to accept basic tax from petitioners who legally purchased the land.
Whether a valid registered transfer of property allows new owners to申领 basic tax despite previous refusal to the vendor.
Parties & counsel
- petitioner
ASHARAF, S/O.CHEMPANKUZHIYIL MUHAMMED
- petitioner
UMMER
- petitioner
RAFEEQ, S/O.VATTIPARAMBATH HAMSAGURUKKAL
- respondent
THE TAHSILDAR, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT
- respondent
VILLAGE OFFICER, MELATTUR, MALAPPURAM DISTRICT
- respondent
Case details
As recorded by the court registry
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