The Court directed the Additional Tahsildar to conclude proceedings on the petitioner's inability to pay full land tax due to a revenue record mistake and communicate the decision within three months, disposing of the writ petition accordingly.
Directing the Additional Tahsildar to conclude proceedings and communicate the decision within three months.
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
WEDNESDAY, THE 6TH DAY OF JANUARY 2016/16TH POUSHA, 1937
WP(C).No. 368 of 2016 (U)
PETITIONER :
JOHN JOSEPH, BANGLAVU PARAMBU, THATHAMPALLY P.O., ALAPPUZHA-688 013.
BY ADVS.SRI.DIPU.R SRI.K.S.BAIJU SRI.SANAL P.RAJ SRI.PRIYA.P.A.
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE LAND REVENUE COMMISSIONER, OFFICE OF LAND REVENUE COMMISSIONER, REVENUE COMPLEX, MUSEUM CAMPUS, THIRUVANANTHAPURAM-695 033.
3. DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA-688 001.
4. DISTRICT SURVEY SUPERINTENDENT, OFFICE OF THE DISTRICT SURVEY SUPERINTENDENT, COLLECTORATE BUILDING, ALAPPUZHA-688 001.
5. TAHSILDAR, AMBALAPPUZHA TALUK, TALUK OFFICE,
NEAR SDV SCHOOL, ALAPPUZHA-688 011.
6. VILLAGE OFFICER, SOUTH ARYADU VILLAGE OFFICE, AVOOLUKKUNNU P.O., ALAPPUZHA-688 006.
2/-
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WP(C).NO.368/2016
*ADDL.R7 IMPLEADED
*ADDL.R7: THE ADDITIONAL TAHSILDAR, AMBALAPUZHA TALUK.
*IS SUO MOTU IMPLEADED AS AN ADDITIONAL 7TH RESPONDENT AS PER ORDER DATED 6/01/2016.
R1 TO ADDL.R7 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 368 of 2016 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBTI P1: TRUE COPY OF THE TAX RECEIPT DATED 27.11.2010 ISSUED TO THE PETITIONER FOR THE PAYMENT OF LAND TAX.
EXHIBIT P2: TRUE COPY OF THE TAX RECEIPT DATED 28.4.2011 ISSUED TO THE PETITIONER FOR THE PAYMENT OF LAND TAX. EXHIBIT P3: TRUE COPY OF THE APPLICATION DATED 30.10.2014 SUBMITTED BY THE PETITIONER. EXHIBIT P4: TRUE COPY OF THE NOTICE NO.N4-4791/14. EXHIBIT P5: TRUE COPY OF THE COMMUNICATION BEING NO.N4-19513/14 ISSUED BY 5TH RESPONDENT'S OFFICE.
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
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A.MUHAMED MUSTAQUE, J.
***************************************************************************** W.P.(C) No.368 of 2016
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Dated this the 6th day of January, 2016
JUDGMENT
The petitioner claims that he is the absolute owner of 7 cents of
property comprised in Survey No.B1.167/15 (Thandaper No.1253) of
South Aryadu Village in Ambalappuzha Taluk.
However, it is submitted that on account of the mistake crept in
the revenue records, he is unable to pay the land tax in respect to the entire extent of land. The petitioner has approached the various authorities. Now, it is seen that the Additional Tahsildar has communicated as per Ext.P5 to the Village Officer to take necessary steps.
In that view of the matter, all proceedings shall be concluded by the Additional Tahsildar in this regard within a period of three
months and communicate the decision to the petitioner.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ln
2 issues framed by the court
Whether the respondent authorities must conclude proceedings regarding land tax payment errors within a specified period.
Whether a further order is required to dispose of the writ petition regarding the petitioner's inability to pay full land tax due to survey mistakes.
JOHN JOSEPH
STATE OF KERALA
THE LAND REVENUE COMMISSIONER
DISTRICT COLLECTOR
DISTRICT SURVEY SUPERINTENDENT
TAHSILDAR, AMBALAPPUZHA TALUK
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
