Allowed

K.C.Antony v. the Village Officer

Kerala HC25 Nov 2016WP(C)/3839/2016

Case brief

AI extract

What is this about?

The High Court of Kerala upheld a petitioner's writ petition challenging the inaction of the revenue authority regarding land tax acceptance. The court directed the Tahsildar to examine the petitioner's patta documents and decide within four months whether land tax can be collected.

What did the court decide?

Direction to the Tahsildar to consider the patta documents and decide on tax acceptance within four months.

K.C.Antony Vs the Village Officer — Property and Title | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

FRIDAY, THE 25TH DAY OF NOVEMBER 2016/4TH AGRAHAYANA, 1938

¶5

WP(C).No. 3839 of 2016 (D)

¶6

PETITIONER(S):

¶7

K.C.ANTONY

¶8

S/O.K.M.CHACKO, KULANGARA HOUSE SILENT VALLEY ROAD, MUNNAR DIST. IDUKKI.

¶9

BY ADVS.SRI.K.REGHU KOTTAPPURAM SRI.MURUKESH REGHU

¶10

RESPONDENT(S):

¶11

1. THE VILLAGE OFFICER K.D.H.VILLAGE, DEVIKULAM TALUK, DIST. IDUKKI 685 613.

¶12

2. THE TAHSILDAR

¶13

DEVIKULAM TALUK, DIST. IDUKKI 685 613.

¶14

3. THE DISTRICT COLLECTOR IDUKKI DISTRICT, PAINAVU, IDUKKI 685 603.

¶15

BY SR.GOVERNMENT PLEADER SRI.T.K.ARAVINDA KUMAR BABU

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C).No. 3839 of 2016 (D)

¶18

APPENDIX

¶19

PETITIONER(S)' EXHIBITS

¶20

P1: A PHOTOCOPY OF PATTA NO.LA 6/99/KDH DATED 25/3/99 P2: A PHOTOCOPY OF LAND TAX RECEIPT 9/9/2002. P3: A PHOTOCOPY OF PROCEEDINGS NO.AP 39/98 OF TAHSILDAR P4: A PHOTOCOPY OF APPLICATION DATED 14/11/98 P5: A PHOTOCOPY OF NOTICE DATED 28/1/99 P6:A PHOTOCOPY OF INCOME CERTIFICATE DATED 15/2/99 P7: A PHOTOCOPY OF SCHEDULE OF LAND DATED 26/2/99 P8: A PHOTOCOPY OF TREASURY CHELLAN DATED 26/2/99

¶21

RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

dlk

SHAJI P. CHALY, J.

¶26

W.P.(C) No.3839 of 2016

¶27

Dated this the 25^th day of November, 2016

¶28

JUDGMENT

¶29

According to the petitioner, petitioner is the owner of

¶30

the property covered by Ext.P1 Patta, which was issued after conducting proceedings prescribed under the Kerala Land Assignment Act and Rules, evident from Exts.P1 to P8 documents. Land tax was accepted up to 2004. Thereafter, same was not accepted. It is in this background challenging the inaction on the part of the statutory authority under the Kerala Land Tax Act, 1961 to receive the tax, this writ petition is filed.

¶31

Heard learned counsel for the petitioner and learned senior Government Pleader appearing for respondents.

¶32

On a perusal of the provision of the Kerala Land Tax Act, 1961, it is evident, the authority is vested with ample powers to conduct necessary enquiry with respect to the receipt of tax and take appropriate decision.

¶33

W.P.(C) No.3839 of 2016

¶34

¶35

Therefore, there will be a direction to the second respondent to take on board the issue with respect to Ext.P1 Patta and consider the same, in accordance with law, and attain a finality as to whether land tax can be accepted from the petitioner, within four months from the date of receipt of a copy of this judgment.

¶36

Writ petition is disposed of accordingly.

¶37

Sd/-

¶38

SHAJI P. CHALY,JUDGE

¶39

dlk/26/11/

K.C.Antony v. the Village Officer

Case brief

What is this about?

What did the court decide?

K.C.Antony v. the Village Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jabeena Abraham Vs District Collector, Palakkad

Madathil Thazhe Abraham Vs State of Kerala

Latheenthran M.N. & Others Vs District Collector, Ayyanthole & Ors.

Somarajan J.T Vs K.P.S.C.

V.Ramakrishnan Vs the Village Officer

T.P.Prakashan Vs State of Kerala