Disposed

Lakshmanan v. State of Kerala

Kerala HC13 Dec 2022WP(C)/7650/2022

Case brief

AI extract

What is this about?

Writ petition concerned refusal to accept land tax for property in possession of Cheyeyi's legal heirs. Court directed measuring property in Re-survey No.15 and permitted remittance subject to title dispute resolution via civil court.

What did the court decide?

Directed measurement of property in Re-survey No.15 and permitted legal heirs of Cheyeyi to remit land tax subject to rights of other possessors.

Lakshmanan Vs State of Kerala — RTI and Transparency | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

TUESDAY, THE 13^TH DAY OF DECEMBER 2022 / 22ND AGRAHAYANA, 1944

¶5

WP(C) NO. 7650 OF 2022

¶6

PETITIONER:

¶7

LAKSHMANAN AGED 54 YEARS S/O.KOTHIRI KUNHIKANNAN, RESIDING AT KARIVALLUR P.O., KANNUR DISTRICT-670 603

¶8

BY ADV M.PROMODH KUMAR

¶9

RESPONDENTS:

¶10

1 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTORS OFFICE, KANNUR-670 002

¶11

2 THE TAHSILDAR, TALUK OFFICE, PAYYANNUR, KANNUR DISTRICT-670 002

¶12

3 THE VILLAGE OFFICER, VILLAGE OFFICE, PERINTHATTA P.O., KANNUR DISTRICT-670 306

¶13

BY ADV. K.V. MANOJ KUMAR, SR. GOVERNMENT PLEADER

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

W.P.(C)NO.7650 OF 2022

¶16

¶17

JUDGMENT

¶18

Dated this the 13^th day of December, 2022

¶19

The petitioner’s predecessor Pedachi Chirutheyi alias Cheyeyi was the owner of 152.70 acres of land in Re-survey No.15 of Perinthatta Village in Payyannur Taluk. Cheyeyi had six children, including the petitioner’s father Kothiri Kunhikannan. In the ceiling proceeding with respect of the properties belonging to Cheyeyi, the Taluk Land Board directed to surrender an extent of 24.25 acres. Accordingly, 24.25 acres was surrendered. The petitioner, along with other legal heirs of Cheyeyi, claim to be in possession of the balance extent. The petitioner’s grievance is regarding the refusal to accept land tax for the property, presently in the possession of Cheyeyi’s legal heirs.

¶20

Heard, learned Counsel for the petitioner and the learned Government Pleader.

¶21

It is seen that in Ext.P7 proceedings of the Tahsildar, issued on the basis of the direction of this

¶22

W.P.(C)NO.7650 OF 2022

¶23

¶24

Court in W.P.(C.)No.5977 of 2020, it is specifically stated that the land in Re-survey No.15 of Perinthatta Village belonged to Cheyeyi. Therefore, it is only appropriate to measure the property in Re-survey No.15 and the legal heirs of Cheyeyi be permitted to remit the land tax, subject to the rights of other persons in possession of the property falling within Re-survey No.15. Needless to say, the legal heirs of Cheyeyi and the persons in possession, to establish their title by approaching the competent civil court.

¶25

The writ petition is disposed of accordingly.

Sd/-

V.G.ARUN

JUDGE

NB/13-12

W.P.(C)NO.7650 OF 2022

¶31

¶32

APPENDIX OF WP(C) 7650/2022

¶33

PETITIO	NER’S EXHIBITS:
EXHIBIT	P1 TRUE TALUK	COPY LAND	OF THE BOARD DA	ORDER DATED 26.06.1976 OF TED 26.06.1976
EXHIBIT	P2 TRUE	COPY	OF THE LA	ND TAX DATED 19.03.1937
EXHIBIT	P3 TRUE	COPY	OF THE LA	ND TAX DATED 10.02.1938
EXHIBIT	P4 TRUE PETIT 27.09	COPY IONER .2018	OF THE BEFORE	STATEMENT SUBMITTED BY THE THE 2ND RESPONDENT, DATED
EXHIBIT	P5 TRUE RESPO	COPY NDENT	OF THE DATED 16	ORDER ISSUED BY THE 2ND .11.2018
EXHIBIT	P6 TRUE DATED	COPY 22.0	OF THE 7.2021	JUDGMENT IN WPC NO.5977/2020
EXHIBIT	P7 TRUE	COPY	OF THE OR	DER DATED 29.10.2021
EXHIBIT	P8 TRUE	COPY	OF THE OR	DER IN CCC NO.273/2022
EXHIBIT	P9 TRUE THE 2	COPY ND AN	OF THE D 3RD RES	LETTER OF THE PETITIONER TO PONDENTS DATED 28.12.2021
EXHIBIT	P10 TRUE PETIT	COPY IONER	OF THE TO THE 3	APPLICATION SUBMITTED BY THE RD RESPONDENT
EXHIBIT	P11 TRUE 2021	COPY ISSUE	OF THE D BY THE	HEARING NOTICE DATED 14-09- 2ND RESPONDENT.
EXHIBIT	P12 TRUE RESPO	COPY NDENT	OF THE DATED	LETTER ISSUED TO THE 2ND

¶34

RESPONDENTS’ EXHIBITS: NIL

¶35

TRUE COPY

¶36

P.A. TO JUDGE

Lakshmanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Lakshmanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sreelekshmi Sanush Vs the State of Kerala

K.Ramachandran Vs the State of Kerala

Ubaidulla T.K. Vs Union of India

Ressy Mol Babu Vs State of Kerala

Mumthas, Vs State of Kerala

Mariat Binoy Vs the Controller of Examinations