Petitioner challenging refusal to accept basic tax. Court declines jurisdiction to decide tax entitlement, remitting matter to Tahsilder for verification, hearing, and decision within two months based on outcome of enquiry.
Writ petition remanded to Tahsilder for enquiry into petitioner's right and decision on basic tax acceptance within two 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
FRIDAY, THE 29TH DAY OF JANUARY 2016/9TH MAGHA, 1937
WP(C).No. 858 of 2016 (F)
PETITIONER :
L.G.RAMASWAMY
S/O.GOPALA IYER, AGED 56 YEARS VADAKKEMADOM, MULLAKKAL P.O., ALAPPUZHA.
BY ADVS.SRI.K.S.HARIHARAPUTHRAN
SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G
RESPONDENT(S) :
1. STATE OF KERALA REPRESENTED BY REVENUE SECRETARY, SECRETARIAT THIRUVANANTHAPURAM, PIN - 695 001.
2. VILLAGE OFFICER
R1 & R2 BY GOVT. PLEADER SRI. BIJU MEENATTOOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 858 of 2016 (F)
APPENDIX
PETITIONERS' EXHIBITS :
RESPONDENT(S)' EXHIBITS : NIL
//TRUE COPY//
Mn
A.MUHAMED MUSTAQUE, J.
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W.P.(C).No.858 of 2016
---------------------------------------------------- Dated this the 29th day of January,2016
J U D G M E N T
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The petitioner has approached this Court, alleging that the revenue officials refused to accept basic tax in respect of the property comprised in Ext.P1 Basic Tax receipt.
would submit that the petitioner is not in possession of the land referred in Ext.P1.
The writ petition is disposed of as above.
Sd/
A.MUHAMED MUSTAQUE, JUDGE
jm/
3 issues framed by the court
Whether the petitioner can approach this Court directly or must approach the Tahsilder regarding basic tax refusal.
What procedural step the Tahsilder should take to verify the petitioner's right and decide on basic tax acceptance.
Whether the writ petition should be remanded to the Tahsilder for enquiry and subsequent decision.
L.G. Ramaswamy
State of Kerala
Village Officer Aryad South Village
A.Muhamed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
