Disposed

P.R.Geetha v. State of Kerala

Kerala HC31 May 2016WP(C)/10418/2016

Case brief

AI extract

What is this about?

Petitioner challenged non-collection of tax due to property omission in resurvey records. Court directed Additional Tahasildar to forward representation to District Collector for hearing within one week and disposal within six weeks.

What did the court decide?

Direction to Additional Tahasildar to forward petitioner's representation to District Collector for hearing and disposal within six weeks.

P.R.Geetha Vs State of Kerala — Writ and Judicial Review | Kerala HC (2016)

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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 P.B.SURESH KUMAR

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TUESDAY, THE 31ST DAY OF MAY 2016/10TH JYAISHTA, 1938

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WP(C).No. 10418 of 2016 (B)

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PETITIONER:

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P.R.GEETHA, AGED 65 YEARS, W/O.LATE T.P. RAVEENDRAN, RESIDING AT VISHNU PRABHA, VRA B - 62, VIGHNESWARA NAGAR, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695 014

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BY ADVS.SRI.D.GANESH KUMAR SMT.K.I.KAVITHA

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -695 001

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2. THE DISTRICT COLLECTOR, COLLECTORATE, KUDAPPANAKUNNU P.O, THIRUVANANANTHAPURAM, PIN -695 034

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3. THE TAHASILDAR, OFFICE OF THE TAHASILDAR, FORT P.O, THIRUVANANTHAPURAM, PIN -695 023

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4. THE VILLAGE OFFICER, THYCAUD VILLAGE, THYCAUD P.O, THIRUVANANTHPAURAM, PIN -695 014

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*ADDL.R5 IMPLEADED

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*ADDL.R5: THE ADDL.TAHSILDAR (LRM), THIRUVANANTHAPURAM.

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*ADDL.R5 IS SUO MOTU IMPLEADED AS PER JUDGMENT DATED 31/5/2016.

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BY GOVERNMENT PLEADER SRI.GIKKU JACOB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 10418 of 2016 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.660/1979, REGISTERED ON 5/3/1979 BEFORE THE CHALAI SUB REGISTRAR OFFICE, THIRUVANANTHAPURAM

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EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT NO.1633127 DTD 26/8/2006 ISSUED FROM THE VILLAGE OFFICE, THYCAUD VILLAGE, THIRUVANANTHAPURAM

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EXHIBIT P3 TRUE COPY OF THE RECEIPT DTD 30/3/2015 SHOWING THE REMITTANCE OF PROPERTY TAX WITH RESPECT TO BUILDING BEARING TC NO.14/1726

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EXHIBIT P4 TRUE COPY OF POSSESSION CERTIFICATE BEARING NO.903/07 DTD 18/6/2007 ISSUED FROM THE VILAGE OFFICE, THYCAUD VILLAGE,

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THIRUVANANTHAPURAM EXHIBIT P5 TRUE COPY OF LOCATION CERTIFICATE BEARING NO.905/07 DTD 18/6/2007 ISSUED FROM THE VILLAGE OFFICE, THYCAUD VILLAGE, THIRUVANANTHAPURAM

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EXHIBIT P6 TRUE COPY OF APPLICATION DTD 23/2/2010, SUBMITTED BEFORE SURVEY ADALATH BY THE PETITIONER

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EXHIBIT P7 TRUE COPY OF REPRESENTATION DTD 4/7/2012 SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR, THIRUVANANTHAPURAM

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EXHIBIT P8 TRUE COPY OF THE PETITION SUBMITTED BEFORE THE ADDITIONAL TAHSILDAR (LRM), THIRUVANANTHAPURAM ON 26/05/2016.

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EXHIBIT P9	TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 26/05/2016
	EVIDENCING THE RECEIPT OF PETITION.

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RESPONDENT(S)' EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

sts

P.B.SURESH KUMAR, J.

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W.P.(C)No.10418 of 2016

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-----------------------------------------------Dated this the 31^st day of May, 2016

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JUDGMENT

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The Additional Tahasildar (LRM), Thiruvananthapuram is impleaded suo motu as additional fifth respondent in the writ petition.

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The petitioner owns an item of property. Ext.P1 is the title deed of the petitioner. Ext.P2 is the tax receipt issued in respect of the same by the Village Officer concerned. The grievance of the petitioner in the writ petition is that after the resurvey, tax is not being collected by the Village Officer concerned in respect of the property on the ground that the said property is not reflected in the resurvey records. He preferred Ext.P8 representation before the additional fifth respondent requesting to correct the mistakes in the re-survey records.

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When this matter was taken up for admission today, the limited prayer made by the learned counsel for the petitioner is

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W.P.(C)No.10418 of 2016

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for a direction to the additional fifth respondent to consider Ext.P8 representation within a time frame. In so far as the grievance of the petitioner concerns the mistakes in the resurvey records, I deem it appropriate to direct the additional fifth respondent to forward Ext.P8 representation to the second respondent within a week from the date of receipt of a copy of this judgment to enable the second respondent to consider the same after affording the petitioner an opportunity for hearing. The second respondent shall consider and dispose or Ext.P8 representation within six weeks from the date of receipt of the same from the additional fifth respondent. Ordered accordingly.

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The writ petition is disposed of as above.

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I.A.6661 of 2016 : Allowed.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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smm

P.R.Geetha v. State of Kerala

Case brief

What is this about?

What did the court decide?

P.R.Geetha v. State of Kerala

Case brief

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