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M.Premanand, v. the Revenue Divisional Officer

Kerala HC13 Jun 2022WP(C)/13098/2022

Case brief

AI extract

What is this about?

High Court at Ernakulam granted writ reliefs in a petition concerning land tax and survey sub-division. The Court quashed an order of the fourth respondent and directed it to conduct survey based on a partition deed. It also directed revenue officials to accept land tax from the petitioner within three months.

What did the court decide?

Quashed Ext.P5 order; Directed 4th respondent to conduct survey sub-division within 3 months; Directed respondents 2 and 3 to receive land tax within 3 months.

M.Premanand, Vs the Revenue Divisional Officer — Partition | Kerala HC (2022)

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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 T.R.RAVI

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MONDAY, THE 13^TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944

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WP(C) NO. 13098 OF 2022

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PETITIONER:

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M.PREMANAND, AGED 54 YEARS S/O. A.S.P. MARIAPPAN, NO. 6, MAIN BAZAR, MUNNAR, IDUKKI DISTRICT 685 584. BY ADVS. SRI LATHEESH SEBASTIAN SRI N.K.KARNIS

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RESPONDENTS:

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1 THE REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DISTRICT 685 613. 2 THE TAHASILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT 685 613. 3 THE VILLAGE OFFICER, MUNNAR VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT 685 613.

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4 SURVEY SUPERINTENDENT, KDH VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT 685 613.

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5 ASSISTANT DIRECTOR, RE- SURVEY, THODUPUZHA, IDUKKI DISTRICT 685 581. SRI. BIMAL K. NATH, SR.GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C)No.13098/2022

T.R. RAVI, J.

W.P.(C)No.13098 of 2022

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Dated this the 13^th day of June, 2022

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JUDGMENT

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The petitioner has approached this Court seeking a direction to respondents 2 and 3 to accept land tax of the property of the petitioner in Sy.No.62/3A of KDH Village (Munnar Village at present) of Devikulam Taluk on the basis of Ext.P2 partition deed within a time limit to be fixed by this Court, reserving the rights of the respondents to initiate proceedings in accordance with law, if any, as provided in Ext.P4 judgment and with a further prayer to quash Ext.P5 order of the 4 th respondent and to direct the 4 th respondent to conduct survey sub-division of the aforesaid property.

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2 . Similar issues have been considered by this Court in W.P.(C)Nos.28751/2020, 6211/2022, 6228/2022 and 6261/2022 and this Court directed the respondents to effect Transfer of Registry of the properties in the name of the petitioners therein,

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after following due procedure and affording them an opportunity of being heard. I do not find any reason to take a different view. The petitioner is entitled to the reliefs prayed for.

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W.P.(C)No.13098/2022

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3 . The writ petition is disposed of with the following

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directions;

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(i ) Ext.P5 issued by the 4 th respondent is quashed.

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(ii) The 4 th respondent is directed to conduct survey sub-division of the property of the petitioner in Sy.No.62/3A of KDH Village (Munnar Village at present) of Devikulam Taluk on the basis of Ext.P2 partition deed at the earliest, at any rate within three months from the date of receipt of a copy of this judgment.

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(iii) Respondents 2 and 3 are directed to receive land tax from the petitioner for the property in Sy.No.62/3A of KDH Village (Munnar Village at present) of Devikulam Taluk on the basis of Ext.P2 partition deed at the earliest, at any rate within three months from the date of receipt of a copy of this judgment.

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(iv) The rights of the respondents to initiate appropriate proceedings in accordance with law, as provided in Ext.P4 judgment in WP(C)No.6211 of 2022 and connected cases is reserved.

Sd/-

T.R. RAVI

JUDGE

dsn

W.P.(C)No.13098/2022

APPENDIX OF WP(C) 13098/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE CONVEYANCE DEED BEARING N0. 1434/1982, OF DEVIKULAM SRO. Exhibit P2 TRUE COPY OF THE PARTITION DEED NO. 654/2006 OF DEVIKULAM SRO. Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT ISSUED FROM KDH VILLAGE DATED 09.04.2015. Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HONBLE COURT IN WPC NO. 6211/2022 AND CONNECTED CASES DATED 21.03.2022. Exhibit P5 TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 03.02.2022.

M.Premanand, v. the Revenue Divisional Officer

Case brief

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M.Premanand, v. the Revenue Divisional Officer

Case brief

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