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The Asoka Tile Works Pvt.Ltd v. the Tahsildar (Lr)

Kerala HC23 Dec 2022WP(C)/24797/2020

Case brief

AI extract

What is this about?

In a writ petition, the Supreme Court answered regarding the classification of land in the revenue records and directed the Revenue authorities to implement a past order which was authenticated after producing original copies by the Government Pleader.

What did the court decide?

Direction to respondents 1 and 2 to implement Ext.P4 and directing petitioner to file application in Form-A for tax reassessment.

The Asoka Tile Works Pvt.Ltd Vs the Tahsildar (Lr) — Land Acquisition | 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 MURALI PURUSHOTHAMAN

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FRIDAY, THE 23^RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

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WP(C) NO. 24797 OF 2020

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PETITIONER/S:

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THE ASOKA TILE WORKS PVT.LTD REPRESENTED BY ITS MANAGING DIRECTOR, PAUL ALUKA, RESIDING AT ALUKA HOUSE, CHILAVANNOOR ROAD, ELAMKULAM VILLAGE, KADAVANTHRA P. O., ERNAKULAM - 682 020.

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BY ADVS. G.BHAGAVAT SINGH N.K SUNDARESAN

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RESPONDENT/S:

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1 THE TAHSILDAR (LR) MUKUNDAPURAM TALUK, MUKUNDAPURAM, CHEMMANDA ROAD, IRINJALAKUDA, KERALA - 680 125.

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2 THE VILLAGE OFFICER, THORAVU VILLAGE, PALLAM ROAD, PUTHUKKAD, KERALA - 680 301.

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*ADDL. THE REVENUE DIVISIONAL OFFICER R3. THRISSUR.

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*ADDITIONAL R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED 31.08.2022 IN WP(C).

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SRI. RENJITH S. - SPL. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 24797 OF 2020

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JUDGMENT

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The petitioner has filed an application before the Revenue Divisional Officer, the additional 3^rd respondent to change the classification of land comprised in Thoravu Village, Thrissur district covered by Exts.P1 and P2 as dry land in the revenue records. The additional 3^rd respondent passed Ext.P4 order dated 13.10.2008 directing respondents 1 and 2 to effect changes in the revenue records as dry land.

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Pursuant to Ext.P4, when the petitioner approached the village authorities for obtaining possession certificate, the petitioner was informed by the 2^nd respondent, the Village Officer that Ext.P4 cannot be acted upon and issued Ext.P5 certificate after recording the property as 'Nilam'. Accordingly, the petitioner has approached this Court for direction to implement Ext.P4 by making necessary corrections in the revenue records.

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WP(C) NO. 24797 OF 2020

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A Counter Affidavit is filed by the 1^st respondent

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contending that the original of Ext.P4 could not be traced in the files of the revenue authorities.

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It is stated that there was a vigilance enquiry against the RDO who issued Ext.P4 and the petitioner, which was subsequently dropped by the court of Enquiry Commissioner and special judge, Thrissur on the basis of refer report by the Vigilance and Anti-Corruption Bureau, Thrissur.

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Today, when the matter came up for further consideration, Sri.S.Renjith, the learned Special Government Pleader produced the original of Ext.P4 which was available with the files seized by the Vigilance during the course of the investigation and returned recently. Since the authenticity of Ext.P4 is not now disputed, there will be a direction to respondents 1 and 2 to implement Ext.P4 subject to the petitioner filing an application in Form-A under the Land Tax Rules as contemplated under Section 6 A of the Land Tax Act.

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The learned Government Pleader submits that, if an

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WP(C) NO. 24797 OF 2020

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application is made by the petitioner in Form-A, the reassessment of land tax will be made within a period of one month from the date of such application. This submission is recorded.

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The writ petition is disposed of.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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al/-

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WP(C) NO. 24797 OF 2020

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APPENDIX OF WP(C) 24797/2020

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PETITIONER EXHIBITS

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EXHIBIT P1	COPY OF THE ASSIGNMENT CERTIFICATE DATED 16.01.1976 OF SPECIAL MUNSIFF LAND TRIBUNAL, THRISSUR, IN FAVOUR OF THE PETITIONER.
EXHIBIT P2	COPY OF THE LAND TAX RECEIPT DATED 08.07.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3	COPY OF THE DATA BANK ISSUED BY THE AGRICULTURAL OFFICER, PUTHUKAD.
EXHIBIT P4	COPY OF THE ORDER NO.K-DIS. 14710 08/B2 DATED 13.10.2008 OF R.D.O. THRISSUR.
EXHIBIT P5	COPY OF THE POSSESSION CERTIFICATE DATED 2.11.2020 BEARING NO.665/2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P6	COPY OF THE REFER REPORT DATED 30.5.2016 SUBMITTED BY THE VIGILANCE BEFORE THE COURT OF ENQUIRY AND SPECIAL JUDGE, THRISSUR.
EXHIBIT P7	COPY OF THE ORDER PASSED BY THE THRISSUR VIGILANCE COURT DATED 19.5.2018 ACCEPTING THE REFER REPORT SUBMITTED BY THE VIGILANCE.
RESPONDENT EXHIBITS
EXHIBIT R1(a)	A TRUE COPY OF THE NOTICE DATED 04-07-2014 ISSUED BY THE DISTRICT COLLECTOR.
EXHIBIT R1(b)	A TRUE COPY OF THE STOP MEMO DATED 21-12-2017 ISSUED BY THE VILLAGE OFFICER.

The Asoka Tile Works Pvt.Ltd v. the Tahsildar (Lr)

Case brief

What is this about?

What did the court decide?

The Asoka Tile Works Pvt.Ltd v. the Tahsildar (Lr)

Case brief

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What did the court decide?

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