Allowed

Nitin Vyas Mohan v. District Collector, Alappuzha

Kerala HC30 May 2016WP(C)/8285/2016

Case brief

AI extract

What is this about?

Petitioners challenged refusal by authorities to accept basic tax pending village re-survey. The court dismissed the reason for rejection and directed the third respondent to immediately collect the tax based on old survey records.

What did the court decide?

The writ petition was disposed of directing the third respondent to collect basic tax from the petitioners as per the old survey records forthwith.

Nitin Vyas Mohan Vs District Collector… — Pension and Retirement Benefits | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶4

MONDAY, THE 30TH DAY OF MAY 2016/9TH JYAISHTA, 1938

¶5

WP(C).No. 8285 of 2016 (I)

¶6

PETITIONER(S) :

¶7

1. NITIN VYAS MOHAN,

¶8

AGED 39 YEARS, S/O.VYAS MOHAN.

¶9

2. AMIT VYAS MOHAN,

¶10

AGED 37 YEARS, S/O.VYAS MOHAN.

¶11

3. SACHIN VYAS, AGED 34 YEARS, S/O.VYAS MOHAN.

¶12

ALL RESIDING AT SOURPANIKA , OPP.KAVITHA INTERNATIONAL HOTEL, CHITTOOR ROAD, ERNAKULAM,COCHIN 682 011 AND 1ST AND 2ND PETITIONERS ARE REPRESENTED BY THE POWER OF ATTORNEY HOLDER, SACHIN VYAS, S/O.VYAS MOHAN THE 3RD PETITIONER.

¶13

BY ADV. SRI.R.SREEHARI

¶14

RESPONDENT(S) :

¶15

1. THE DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA 688 001.

¶16

2. THE TAHSILDAR, AMBALAPPUZHA TALUK, TALUK OFFICE, CIVIL STATION, ALAPPUZHA 688 001.

¶17

3. THE VILLAGE OFFICER, ARYAD SOUTH VILLAGE, ARYAD, KOTTAMKULANGARA , ALAPPUZHA 688 009.

¶18

4. THE TALUK SURVEYOR, AMBALAPPUZHA TALUK OFFICE, CIVIL STATION, ALAPPUZHA 688 001.

¶19

5. THE DEPUTY DIRECTOR OF RE-SURVEY, ALAPPUZHA, CIVIL STATION, ALAPPUZHA 688 001.

¶20

..2/-

¶21

..2..

¶22

WP(C).No. 8285 of 2016 (I)

¶23

6. THE COMMISSIONER OF SURVEY & LAND RECORDS, KERALA ,THIRUVANANTHAPURAM 695 033.

¶24

BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE

¶25

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶26

Msd.

¶27

WP(C).No. 8285 of 2016 (I)

¶28

APPENDIX

¶29

PETITIONER(S)' EXHIBITS :

¶30

EXHIBIT P1: PHOTO COPY OF BASIC TAX RECEIPT DATED 20.02.2007 ISSUED BY THE 3RD RESPONDENT.

¶31

EXHIBIT P2: PHOTO COPY OF THE NOTICE DATED 21.10.2013 OF THE 4TH RESPONDENT.

¶32

EXHIBIT P3: PHOTO COPY OF THE BASIC TAX RECEIPT DATED 13.11.2015 ISSUED BY THE 3RD RESPONDENT.

¶33

RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

P.B.SURESH KUMAR, J.

¶39

W.P.(C)No.8285 of 2016

¶40

-----------------------------------------------Dated this the 30^th day of May, 2016

¶41

JUDGMENT

¶42

The grievance of the petitioners in the writ petition is that basic tax is not being accepted by the third respondent from them in respect of their properties on the ground that re-survey of the properties in the village is going on and that basic tax will be collected only after the culmination of the re-survey.

¶43

The learned Government Pleader, on

¶44

instructions, confirms that basic tax of the properties of the petitioners is not being collected for the reason stated by the petitioners.

¶45

Ext.P1 indicates that basic tax in respect of

¶46

W.P.(C)No.8285 of 2016

¶47

¶48

the properties referred to in the writ petition has been collected upto 20.2.2007. In the circumstances, I do not find any justification for not accepting the basic tax from the petitioners in respect of their properties. There is no impediment, whatsoever, in collecting basic tax from the petitioners in accordance with the old survey records till the re-survey proceedings are finalised.

¶49

In the result, the writ petition is disposed of directing the third respondent to collect basic tax in respect of the properties of the petitioners as referred to in the writ petition as per the old survey records, forthwith.

¶50

Sd/-

¶51

P.B.SURESH KUMAR, JUDGE.

¶52

smm

¶53

(true copy)

Nitin Vyas Mohan v. District Collector, Alappuzha

Case brief

What is this about?

What did the court decide?

Nitin Vyas Mohan v. District Collector, Alappuzha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Jabeena Abraham Vs State of Kerala

Moban K.Michael Vs Union of India

Abdul Salam Vs the District Collector

Joe Antony Vs Greater Cochin Development Authority

Sherin John Vs the Branch Manager, State Bank of Travancore

T.V Mathew Vs the Cheif Engineer(I&a)