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K.Jafarkhan, Vs Deputy Tahsildar — Writ and Judicial Review | Kerala HC (2019)

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K.Jafarkhan, Vs Deputy TahsildarK.Jafarkhan, v. Deputy Tahsildar

Dismissed

K.Jafarkhan, v. Deputy Tahsildar

Kerala HC4 Oct 2019WP(C)/12181/2019

Case brief

AI extract

What is this about?

Writ petition dismissed as infructuous, allowing petitioner to challenge an order dated 24.8.2019 via fresh proceedings.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941

WP(C).No.12181 OF 2019(W)

PETITIONER/S:

1 K.JAFARKHAN, AGED 55 YEARS S/O OUKKAR HAJI,KARUVILLY HOUSE, VENGOLA.P.O,PERUMANI,PERUMBAVOOR-683554.

2 LATHIJA, AGED 49 YEARS W/O K.JAFARKHAN,KARUVILLY HOUSE, VENGOLA.P.O,PERUMANI, PERUMBAVOOR-683554.

3 P.M.BASHEER, AGED 43 YEARS S/O MAKKAR,POOVATHUMCHUVATTIL, NELLIKUZHI PANCHAYATH,IRAMALLOOR VILLAGE,KOTHAMANGALAM TALUK, ERNAKULAM-686691. BY ADVS. SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.RAFEEK. V.K. SRI.U.M.HASSAN SMT.P.PARVATHY SMT.SURYA P SHAJI SRI.PRATHAP PILLAI SMT.J.KASTHURI SMT.S.LEKHA SRI.P.K.ANTONY

RESPONDENT/S:

1 DEPUTY TAHSILDAR, KUNNATHUNADU TALUK,TALUK OFFICE, KUNNATHUNADU,ERNAKULAM DISTRICT-683542.

Parties & counsel

AI extract

petitioner
K.JAFARKHAN & ORS.
respondent
DEPUTY TAHSILDAR, KUNNATHUNADU TALUK
respondent
COMMERCIAL TAX OFFICER, 2ND CIRCLE

Coram

AI extract

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 4 Oct 2019 · October
Registered: 11 Apr 2019
Case no.: WP(C)/12181/2019

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Cite this judgement

K.Jafarkhan, v. Deputy Tahsildar, WP(C)/12181/2019 (KL), decided on 4 October 2019.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

A.K.JAYASANKARAN NAMBIAR

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

Petition dismissed as infructuous without prejudice to rights to approach court via fresh proceedings regarding the impugned order of 24.8.2019.

A compact analysis

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.

2 COMMERCIAL TAX OFFICER, 2ND CIRCLE,PERUMBAVOOR-683542. R1-2 BY SRI.MOHAMMED ANZAR K.J., SPL.G.P. FOR REVENUE

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.12181 OF 2019(W)

2

JUDGMENT

The writ petition is dismissed as infructuous without prejudice to the rights of the petitioner to impugn the order dated 24.8.2019 in fresh proceedings, if so advised.

Sd/-

sab

A.K.JAYASANKARAN NAMBIAR

JUDGE

WP(C).No.12181 OF 2019(W)

3

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE BEARING RRC NO.2018/2012/07 DATED 27.2.2O18 ISSUED UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT ALONG WITH ITS ENGLISH TRANSLATION. EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE BEARING RRC NO.2018/1014/07 DATED 27.2.2018 ISUSED UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT ALONG WITH ITS ENGLISH TRANSLATION. EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE BEARING RRC NO.2018/1026/07 DATED 27.2.2018 ISSUED UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT ALONG WITH ITS ENGLISH TRANSLATION EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE BEARING RRC NO/2018/1027/07 DATED 27.02.2018 ISSUED UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT ALONG WITH ITS ENGLISH TRANSLATION. EXHIBIT P5 TRUE COPY OF THE DEMAND NOTICE BEARING RRC NO/2018/7953/07 DATED 8.06.2018 ISSUED UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT ALONG WITH ITS ENGLISH TRANSLATION. EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT BEARING NO.6056412 DATED 27.11.2017 ISSUED FROM THE KUNNATHUNADU VILLAGE OFFICE ALONG WITH ITS ENGLISH TRANSLATION. EXHIBIT P7 TRUE COPY OF THE TAX RECEIPT BEARING NO.6055413 DATED 27.11.2017 ISSUED FROM THE KUNNATHUNADU VILLAGE OFFICE ALONG WITH ITS ENGLISH TRANSLATION. EXHIBIT P8 TRUE COPY OF THE VALUATION CERTIFICATE DATED 8.10.2018 ISSUED BY THBE APPROVED VALUER. EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED

WP(C).No.12181 OF 2019(W)

4

25.10.2018 IN WP(C)NO.32929/2018.

EXHIBIT P10 TRUE COPY OF THE AFFIDAVIT IN FAVOUR OF THE 1ST RESPONDENT DATED 5.11.2018 ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P11 TRUE COPY OF THE ORDER IN RP NO.236/2019 DATED 20.03.2019.

EXHIBIT P12 TRUE COPY OF THE ORDER ALONG WITH ITS ENGLISH TRANSLATION DATED 30.03.2019 ISSUED BY THE 1ST RESPONDENT.

RESPONDENT'S/ EXHIBITS:

ANNEXURE 1 THE TRUE COPY OF THE PROCEEDINGS OF THE TAHSILDAR DATED 24.08.2019

A.K.JAYASANKARAN NAMBIAR

CNR

KLHC010300662019

Topic

Writ and Judicial Review

Bench

A.k.jayasankaran Nambiar

Disposal

DISMISSED AS INFRUCTUOUS

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