Disposed

Xavier v. the Village Officer

Kerala HC23 Sept 2020WP(C)/1482/2020

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction for acceptance of basic tax on property. The Court directed the petitioner to submit documents evidencing land restoration within three weeks and the competent respondents to act within eight weeks.

What did the court decide?

Directing the petitioner to produce restoration documents within three weeks and the respondents to consider them within eight weeks.

Xavier Vs the Village Officer — Property and Title | Kerala HC (2020)

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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 RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942

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WP(C).No.1482 OF 2020(I)

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PETITIONER:

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XAVIER,

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AGED 38 YEARS, S/O. CLEMENT, KATHULLIL HOUSE, MALAPARAMBU, KURUVAMBALAM, PERINTHALMANNA

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BY ADV. SRI.V.B.RAMANUNNI

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RESPONDENTS:

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1 THE VILLAGE OFFICER POOKKOTTUKAVU VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT - 679 515.

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2 THE VILLAGE OFFICER, TRIKKATERI VILLAGE, OTTAPALAM, PALAKKAD DISTRICT - 679 502

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3 THE TAHSILDAR, OTTAPALAM, PALAKKAD DISTRICT - 679 502

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SRI SANDESH RAJA, SPECIAL GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1482 OF 2020

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JUDGMENT

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Instant writ petition is filed seeking the following reliefs:

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(i) To issue a writ of mandamus or any other appropriate writ, order or directions directing the 1st respondent to accept basic tax in respect of the property of 1.05 Acres comprised in Survey No.32/1 of Pookkottukavu Village, Ottapalam Taluk covered by Ext.P1 within a time frame to be fixed by this Hon’ble Court;

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ii) to grant all costs of the proceedings from the respondents.

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The additional 4th respondent has filed a counter as directed by this Court. In the counter, it is stated that the land in question is the subject matter in O.A.No.218/1978 which was filed by one Ramatharakan seeking exemption of property having an extent of 1.05 Acres in Sy.No.32/1 of Thrikkederi in Koonan Malavaram vested forest presently situated in Pookottukavu village. By judgment dated 7.11.1980, the original application was allowed and the land was exempted. It is stated that the land was restored to the petitioner by AnnexureR4(b) order. It is submitted that the revenue authorities have refused to accept basic tax because the petitioner has failed to produce the restoration order, sketch as well as the proof of transfer before the Tahsildar concerned.

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Faced with the said submission, Sri.V.B.Ramanunni Menon, the

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WP(C).No.1482 OF 2020

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learned counsel submitted that he shall approach respondent Nos.1 and 3 and produce the documents evidencing the restoration of land and connected records within a period of three weeks from today. The competent among respondents 1 and 3 shall consider the documents produced by the petitioner and take appropriate action within a further period of eight weeks.

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This writ petition is disposed of with the above directions.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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sru

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WP(C).No.1482 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ASSIGNMENT DEED NO.41 OF 2012 OF SRO CHERPULASSERY DATED 4.1.2012

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EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 7.6.2012 ISSUED BY THE THRIKKATTERI VILLAGE OFFICER

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EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 29.07.2010 IN W.P(C) NO.21567/2010.

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RESPONDENTS EXHIBITS:

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ANNEXURE-R4A TRUE COPY OF THE MAHAZAR DATED 28.1.2011.

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ANNEXURE-R4B TRUE COPY OF THE ORDER OF THE DIVISIONAL FOREST OFFICER, PALAKKAD DATED 28.1.2011 FOR RESTORE THE LAND.

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ANNEXURE-R4C TRUE COPY OF THE RECEIPT EVIDENCING THE PROOF OF TRANSFER OF THE ABOVE LAND.

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ANNEXURE R4D TRUE COPY OF THE SURVEY SKETCH PREPARED BY THE FOREST MINI SURVEY APPROVED BY THE ADDITIONAL DIRECTOR OF FOREST MINI SURVEY IN RESPECT OF 04250 HECTORS IN SY.NO.32/1.

Xavier v. the Village Officer

Case brief

What is this about?

What did the court decide?

Xavier v. the Village Officer

Case brief

What is this about?

What did the court decide?

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