Disposed

T.Vijayan v. Chief Secretary

Kerala HC23 Jun 2017WP(C)/9471/2017

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the Village Officer's inaction regarding land tax. The court, on the limited prayer, directed the Tahsildar to decide on the petitioner's representation dated 07/02/2017.

What did the court decide?

The writ petition was disposed of directing the 4th Respondent to take a decision on the petitioner's representation within one month from the date of receipt of the judgment.

T.Vijayan Vs Chief Secretary — Kerala HC (2017) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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FRIDAY, THE 23RD DAY OF JUNE 2017/2ND ASHADHA, 1939

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WP(C).No. 9471 of 2017 (H)

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PETITIONER:

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T.VIJAYAN, S/O.LATE NANIKUTTY NEITHIAR AND E.K.K.ACHAN, AGED 62 YEARS, AMBATTU BUNGLOW, AKATHETHARA, PALAKKAD-9.

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BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SMT.KARTHIKA MARIA

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RESPONDENTS:

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1. CHIEF SECRETARY TO GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3. DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD-678 001.

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4. TAHSILDAR, TALUK OFFICE, PALAKKAD -678 001.

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5. VILLAGE OFFICER, AKATHETHARA VILLAGE, AKATHETHARA P.O, PALAKKAD DISTRICT, PIN-678 008.

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6. CUSTODIAN (ECOLOGICALLY FRAGILE LANDS) & PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEADQUARTERS,

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VAZHUTHACAUD, THIRUVANNATHAPURAM-695 014.

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BY SPL.GOVERNMENT PLEADER(FOREST) SRI.SANDESH RAJA.K.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 9471 of 2017 (H)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE ORDER DTD 28/2/2011 IN OA NO.34/2008 OF THE LEARNED TRIBUNAL FOR KERALA FOREST(VESTING AND MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS),PALAKKAD.

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EXHIBIT P2 TRUE COPY OF THE JUDGMENT DTD 16/7/2015 IN MFA NO.158/2011 OF THIS HON'BLE COURT.

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EXHIBIT P3 TRUE COPY OF THE ORDER NO.EFL6-/2008 DTD 7/11/2016 ISSUED BY THE 6TH RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE DE-NOTIFICATION PROCEEDING NO.EFL-6-1661 ISSUED BY THE 6TH RESPONDENT.

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EXHIBIT P4(A) TRUE COPY OF THE LETTER NO.EFL.6-1661/2008 DTD 8/11/2016 OF THE 6TH RESPONDENT FORWARDED TO THE SUPERINTENDENT, GOVERNMENT PRESS, THIRUVANANTHAPURAM.

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EXHIBIT P5 TRUE COPY OF THE DE-NOTIFICATION PROCEEDING NO.EFL-6-1661/2008 DTD 8/11/2016, PUBLISHED BY THE 6TH RESPONDENT IN THE KERALA GAZETTE DTD 29/11/2016.

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EXHIBIT P6 TRUE COPY OF THE LETTER DTD 9/11/2016 ISSUED BY THE 6TH RESPONDENT

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EXHIBIT P7 TRUE COPY OF THE JUDGMENT DTD 16/11/2016 IN CONT.CASE(C) NO.1456/2016 OF THIS HON'BLE COURT.

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EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DTD 7/2/2017 SUBMITTED BY THE PETITIONER ALONG WITH HIS SISTERS BEFORE THE RESPONDENTS 4 AND 5

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RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

P.B.SURESH KUMAR, J.

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--------------------------------------------

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W.P.(C).No.9471 of 2017

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---------------------------------------------------------------

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Dated this the 23^rd day of June, 2017

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J U D G M E N T

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Ext.P8 is the representation preferred by the petitioner before respondents 4 and 5. The grievance voiced by the petitioner in Ext.P8 concerns the inaction on the part of the fifth respondent in not accepting the land tax in respect of the property referred to in the writ petition. The limited prayer made by the learned counsel for the petitioner, when this matter was taken up for admission, is for a direction to the fourth respondent to take a decision on Ext.P8 representation.

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Heard the learned counsel for the

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petitioner as also the learned Government Pleader.

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W.P.(c).No.9471 of 2017

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: 2 :

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Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the fourth respondent to take a decision on Ext.P8 representation, within one month from the date of receipt of a copy of this judgment.

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Sd/- P.B.SURESH KUMAR JUDGE

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rsr

T.Vijayan v. Chief Secretary

Case brief

What is this about?

What did the court decide?

T.Vijayan v. Chief Secretary

Case brief

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What did the court decide?

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