The High Court in a contempt case directed that an endorsement on the petitioner's land tax receipt regarding a proposed appeal be removed, while clarifying this does not bar the government from filing an appeal.
Endorsement stating tax received subject to appeal removed from receipt.
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.MUHAMED MUSTAQUE
FRIDAY, THE 28TH DAY OF OCTOBER 2016/6TH KARTHIKA, 1938
Con.Case(C).No. 835 of 2016 (S)
JUDGMENT IN WP(C) 32591/2015 DATED 18-11-2015.
PETITIONER/PETITIONER IN W.P(C)NO.32591/2015:
MOIDU HAJI, S/O.BEERAN, AGED 75 YEARS, KIZHAKETHIL HOUSE, P.O.KARTHIKAPALLI, (VIA)VILLIYAPPILLI, VATAKARA, KOZHIKODE DISTRICT, PIN-673542.
BY ADVS.SRI.K.RAKESH ROSHAN SMT.THUSHARA.V
RESPONDENT/RESPONDENT NO.2 IN W.P(C)NO.32591/2015:
JOSEPH K.O., AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, THASILDAR, VATAKARA TALUK OFFICE, VATAKARA, KOZHIKODE DISTRICT,PIN-673101.
BY SENIOR GOVERNMENT PLEADER SRI.S.GOPINATHAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 28-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Con.Case(C).No. 835 of 2016 (S)
APPENDIX
PETITIONERS' ANNEXURES:
| ANNEXURE - I : | TRUE COPY OF THE APPLICATION DATED 23.5.2012 BEFORE RESPONDENT, MARKED AS EXHIBIT P3 IN WRIT PETITION. |
|---|---|
| ANNEXURE - II : | CERTIFIED COPY OF THE JUDGMENT DATED 18.11.2015 IN WRIT PETITION WITH NUMBER WP(C)NO.32591/2015 OF THIS HON'BLE COURT. |
| ANNEXURE - III : | TRUE COPY OF THE COVERING LETTER DATED 19.12.2015. |
| ANNEXURE - IV : | COPY OF THE POSTAL RECEIPT. |
| ANNEXURE - IV(A) : | TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD. |
| RESPONDENTS' ANNEXU | RES : NIL. |
//TRUE COPY//
P.S. TO JUDGE
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A. MUHAMED MUSTAQUE, J.
Cont. Case (C) No. 835 of 2016
Dated this the 28th day of October, 2016
J U D G M E N T
1.It is submitted by the learned counsel for the petitioner that the land tax was received and however, in the receipt, there is an endorsement that an appeal has been proposed and the land tax is received subject to the outcome of the appeal.
A. MUHAMED MUSTAQUE JUDGE
bka/-
1 issue framed by the court
Whether an endorsement on a land tax receipt stating an appeal is proposed should be removed.
Moido Haji
Joseph K.O.
A. Muhamed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
