The High Court granted a direction that basic tax on the petitioner's property shall be accepted, subject to the right of the State to initiate and conclude ceiling proceedings within six months if initiated.
Basic tax on the petitioner's property to be accepted subject to State's right to initiate ceiling proceedings within six months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 16TH DAY OF MARCH 2020 / 26TH PHALGUNA, 1941
WP(C).No.2809 OF 2020(A)
PETITIONER:
CHACKO CHUMMAR, AGED 85 YEARS S/O.CHACKO, PYNADATH HOUSE, AKAPARAMBU, NEDUMBASSERY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN - 683 589.
BY ADVS. SRI.PEEYUS A.KOTTAM SHRI.JOMON J. MALIEKAL SHRI. HRITHWIK D. NAMBOOTHIRI
RESPONDENTS:
1 STATE OF KERALA, REP. DEPARTMENT OF REVENUE SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE SECRETARY, STATE LAND BOARD, THIRUVANANTHAPURAM - 695 001.
R1-4 BY GOVERNMENT PLEADER
SENIOR GOVERNMENT PLEADER SRI.S GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO. 2809/2020
2
JUDGMENT
Dated this the 16th day of March 2020
The petitioner approached this court on account of nonacceptance of basic tax in respect of his property comprised in Nedumbassery village as follows:
1. 1 acre 36 cents(55.05)of property in old
2. 34 cents in Old Sy.No.582/2,
(Re-Sy.No.166/2)
3. 1 acre 31 cents in Old Sy.No.566/10 (Re-
Sy.No.152/12) and
4. 25 cents (9.92 ares) in Old Sy.No.566/7/1
(Re-Sy.No.153/6)
The Learned Government Pleader on instructions
submitted that the State Land Board directed the Taluk Land Board to re-consider the proceedings related to ceiling. If that be so, subject to any impending proceedings, basic tax shall be accepted from the petitioner without prejudice to the right of
the State to proceed against the said property. If any
W.P.(C) NO. 2809/2020
3
proceedings are initiated, it shall be concluded within a period
of six months.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
sah
W.P.(C) NO. 2809/2020
4
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | THE TRUE COPY OF THE PROCEEDINGS OF THE TALUK LAND BOARD, ALUVA DATED 28/07/2017. |
|---|---|
| EXHIBIT P2 | THE TRUE COPY OF THE PARTICULARS OF THE EXTENT AND IDENTITY OF THE LAND ORDERED TO BE SURRENDERED AFTER EXCLUDING THE AFORESAID FOUR ITEMS OF PROPERTY WHICH IS IN POSSESSION OF THE PETITIONER, UNDER SECTION 86(5) ENCLOSED IN EXT.P1 ORDER. |
| EXHIBIT P3 | THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 20/12/2018. |
| EXHIBIT P4 | TRUE COPY OF THE REPRESENTATION DATED 13/06/2019 SUBMITTED BY THE PETITIONER. |
| EXHIBIT P5 | TRUE COPY OF THE REPORT SUBMITTED BY THE TAHSILDAR TO THE CHAIRMAN, TALUK LAND BOARD, ALUVA DATED 23/02/2019 OBTAINED UNDER RIGHT TO INFORMATION ACT. |
| EXHIBIT P6 | THE TRUE COPY OF THE TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX AN EXTENT OF 55.05 ARES IN RE-SY.NO.166/2 FOR THE YEAR 2007- 2008. |
| EXHIBIT P6(A) | THE TRUE COPY OF THE TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX AN EXTENT OF 34 CENTS IN OLD SY.NO.582/2 FOR THE YEAR 1992- 1993. |
| EXHIBIT P6(B) | THE TRUE COPY OF THE TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX AN EXTENT OF 51.80 ARES IN RE-SY.NO.152/12 FOR THE YEAR 2007- 2008. |
| EXHIBIT P6(C) | THE TRUE COPY OF THE TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX AN EXTENT OF 09.92 ARES IN RE-SY.NO.153/16 FOR THE YEAR 2007- 2008. |
RESPONDENTS'S/S EXHIBITS: NIL //TRUE COPY//
PA TO JUDGE
2 issues framed by the court
Whether basic tax should be accepted from the petitioner for his land pending conclusive proceedings on ceiling proceedings.
Whether the State Land Board direction to re-consider proceedings should result in acceptance of basic tax.
CHACKO CHUMMAR
STATE OF KERALA
SECRETARY, STATE LAND BOARD
TALUK LAND BOARD, ALUVA
THE TAHSILDAR, ALUVA
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
