Writ petition challenging non-recording of property details. Court directed Revenue Department to consider pending representation on tax acceptance with opportunity of hearing within two months.
Direction to second respondent to consider Ext. P3 and decide within two months after hearing to petitioner.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 26TH DAY OF SEPTEMBER 2016/4TH ASWINA, 1938
WP(C).No. 25822 of 2016 (C)
PETITIONER:
K V MOHANAN @ MOHANKUMAR AGED 58 YEARS, S/O LATE VASUDEVA PANIKKAR, KALARIKKAL HOUSE, MOZHIPULAM, THIRUNELLAYI POST, PALAKKAD DISTRICT
BY ADV. SRI.A.V.JAMES
RESPONDENTS:
1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR WAYANAD DISTRICT, COLLECTORATE, KALPETTA-673
3. THE TAHASILDAR SULTHAN BATHERY TALUK, TALUK OFFICE, SULTHAN BATHERY POST, WAYANAD DISTRICT. PIN-673 592
4. THE VILLAGE OFFICER THOMATTUCHAL VILLAGE, THOMATTUCHAL POST, AMBALAVAYAL, SULTHAN BATHERY TALUK, WAYANAD DISTRICT-673 592
BY SR. GOVERNMENT PLEADER SMT. K.R. DEEPA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 25822 of 2016 (C)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT:P1 TRUE COPY OF THE PATTA NO. WCS 479/75 DT. 20/6/1975 ISSUED BY THE ADMINISTRATIVE OFFICER, AMBALAVAYAL TO THE PETITIONER
EXHIBIT:P2 THE TRUE COPY OF THE REPLY DT. 11/8/15 GIVEN BY THE 4TH RESPONDENT TO THE PETITIONER
EXHIBIT:P3 THE TRUE COPY OF THE REPRESENTATION DT 29/6/16 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT
RESPONDENT(S)' EXHIBITS:- NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
SHAJI P. CHALY, J.
W.P.(C). NO. 25822 OF 2016
Dated this the 26th day of September, 2016
JUDGMENT
Petitioner's father was an ex-service man. First respondent made settlement of property for the ex-service men in the year 1950. Thereby, petitioner's father was granted 2.1500 Hector of dry land and 0.6000 Hector of wet land in Thomattuchal Village, Wayanad District. The petitioner's father died before granting patta to the land. So, the patta was granted jointly as per Ext. P1 to the petitioner, his mother, brothers and sister in the year 1975. On the death of the father of the petitioner, they shifted their residence to Palakkad, native place of the mother.
W.P.(C). NO. 25822 OF 2016 2
the Village Office with respect to the property. Even though, petitioner submitted a questionnaire, Ext. P2 vague reply was given. Thereafter, petitioner has submitted Ext. P3 representation to the second respondent seeking to accept the tax, which is pending consideration. It is in this background seeking appropriate direction, this writ petition is filed.
W.P.(C). NO. 25822 OF 2016
3
Writ petition is disposed of accordingly.
SHAJI P. CHALY JUDGE
DCS
1 issue framed by the court
Whether the second respondent is directed to consider the petitioner's representation regarding tax acceptance.
K V MOHANAN @ MOHANKUMAR
SECRETARY, REVENUE DEPARTMENT
DISTRICT COLLECTOR WAYANAD DISTRICT
TAHASILDAR SULTHAN BATHERY TALUK
VILLAGE OFFICER THOMATTUCHAL
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
