Disposed

J.Sugathan v. the Village Officer

Kerala HC17 Dec 2020WP(C)/22434/2020

Case brief

AI extract

What is this about?

Petitioners sought writs to remit tax, complete 'michabhoomi' formalities, and dispose of a request letter to the 2nd respondent. The court noted the tax relief was already granted, rendering that claim infructuous. The Government Pleader suggested handing proceedings under the Land Reforms Act could be concluded in six months. The court disposed of the petition. Summary exceeds 60 words limit. Ad

What did the court decide?

The writ petition was disposed of by the court after recording the Government Pleader's submission that proceedings under Section 105 could be completed within six months.

J.Sugathan 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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THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942

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WP(C).No.22434 OF 2020(D)

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PETITIONERS:

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1 J.SUGATHAN, AGED 67 YEARS, S/O JANARDHANAN, KP-VIII/398 A, B, 'SAYUJYAM', CHITTAZHA, VATTAPPARA P.O., TRIVANDRUM-695028.

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2 SULIN SUGATHAN, AGED 28 YEARS S/O SUGATHAN, KP-VIII/398 A, B,'SAYUJYAM', CHITTAZHA, VATTAPPARA P.O., TRIVANDRUM-695028.

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3 SUJI SUGATHAN, AGED 33 YEARS, W/O RAJEEV PRASANNAN, SREE NIKETAN, PWD DIVISION OFFICE ROAD, VIKAS BHAVAN P.O., TRIVANDRUM-695033.

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BY ADV. SMT.K.V.RASHMI

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RESPONDENTS:

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1 THE VILLAGE OFFICER, CHITHARA VILLAGE OFFICE, KOTTARAKKARA, KOLLAM DISTRICT, PIN-691536.

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2 THE DISTRICT COLLECTOR, KOLLAM, CIVIL STATION ROAD, KAANKATHUMUKKU, KOLLAM, KERALA-691013.

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3 THE TAHSILDHAR, KOTTARAKKARA, MINI CIVIL STATION, THRIKKANNAMANAL, KOTTARAKKARA P.O., KOLLAM DISTRICT-691506.

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SRI BIMAL K NATH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.22434 OF 2020(D) 2

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J U D G M E N T

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~~~~~~~~

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The above-captioned writ petition is filed seeking the following

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reliefs:

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“i) A writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to accept the basic tax for the year 2020-2021 sought to be remitted by the petitioners as requested by them in Ext.P8, forthwith,

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ii) A writ of mandamus or any other appropriate writ, order or direction, directing the respondents to complete the legal formalities, if any, pursuant to any ‘michabhoomi’ relating to the lands held by the petitioners, with in a time frame fixed by this Hon’ble court,

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iii) A writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to dispose of Ext.P8 and report before this Hon’ble Court the decision taken, within a time frame fixed by this Hon’ble Court.”

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When the matter was taken up, Adv.Rashmi K.V., the learned

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counsel appearing for the petitioners submits that the respondents have permitted the petitioners to remit basic tax for the year 2020-2021 and hence, the relief (i) sought for has become infructuous. According to the learned counsel, the proceedings initiated against the petitioners under Rule 105 of the Kerala Land Reforms Act be ordered to be expedited.

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In response, it is submitted by the learned Government Pleader

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WP(C).No.22434 OF 2020(D) 3

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that if any proceedings under Section 105 of the Land Reforms Act, 1963 has been initiated, the same can be concluded within a period of six months. The above submission is recorded and this writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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DSV

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WP(C).No.22434 OF 2020(D) 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE ORIGIONAL SALE DEED EXECUTED IN FAVOUR OF THE 1ST PETITIONER DATED 06.05.2004. EXHIBIT P2 A TRUE COPY OF THE DEED DATED 08.02.2011 EXECUTED BY THE 1ST PETITIONER IN FAVOUR OF THE 2ND PETITIONER. EXHIBIT P3 A TRUE COPY OF THE DOCUMENTS EXECUTED BY THE 1ST PETITIONER DATED 08.02.2011. EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 18.12.2018. EXHIBIT P5 TRUE COPY OF THE THANDAPER ACCOUNT REGISTER COPIES DATED 18.12.2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE LAND TAX RECEIPTS FOR THE YEAR 2018-2019 ISSUED BY THE 1ST RESPONDENT DATED 13.11.2018. EXHIBIT P7 TRUE COPY OF THE BASIC LAND TAX RECEIPTS ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2019-2020 DATED 26.09.2019. EXHIBIT P8 A TRUE COPY OF THE REQUEST LETTER SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONERS DATED 19.07.2020. RESPONDENT'S/S EXHIBITS: NIL

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/TRUE COPY/

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P.A. TO JUDGE

J.Sugathan v. the Village Officer

Case brief

What is this about?

What did the court decide?

J.Sugathan v. the Village Officer

Case brief

What is this about?

What did the court decide?

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