Petitioners sought directions for property sub-division and tax acceptance. The Court held that the Tahsildar is the competent authority and impleaded them as an additional respondent, directing disposal within two months.
Direction to the additional 3rd respondent Tahsildar to take Ext. P6 to a logical conclusion within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 18TH DAY OF OCTOBER 2023 / 26TH ASWINA, 1945
WP(C) NO. 16669 OF 2023
PETITIONERS:
1VINODKUMAR C P
AGED 57 YEARS
CHEMMANDOOR HOUSE, MANAKAD P O , MANAKAD VILLAGE,
THODUPUZHA TALUK, IDUKKI DISTRICT, PIN 685608, PIN -
685608
2SUMA
AGED 55 YEARS
CHEMMANDOOR HOUSE, MANAKAD P O , MANAKAD VILLAGE,
THODUPUZHA TALUK, IDUKKI DISTRICT, PIN 685608, PIN -
685608
BY ADVS.
BOBBY GEORGE
JOY C. PAUL
ELDHOSE JOY
BABY SIMON
NOBLE GEORGE
RESPONDENTS:
1 THE TAHSILDAR, THODUPUZHA MINI CIVIL STATION,THODUPUZHA P.O. , PIN 685584, THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 6855842 THE VILLAGE OFFICER, MANAKKAD VILLAGE OFFICE, MANAKKAD P O PIN 685608 THODUPUZHA TALUK,IDUKKI DISTRICT, PIN – 685608 SRI. RIYAL DEVASSY - GPTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16669 OF 2023
2
JUDGMENT
The petitioners have filed this writ petition for direction to the respondents to conduct sub division of their property comprised in Re-survey No. 22 of Manakad Village in Thodupuzha Taluk and to accept land tax.
WP(C) NO. 16669 OF 2023
3
There will be a direction to the Tahsildar (LR), the additional 3rd respondent to take Ext. P6 to a logical conclusion, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment, after hearing the petitioner.
The writ petition is disposed of.
Sd/MURALI PURUSHOTHAMAN JUDGE
bnu
WP(C) NO. 16669 OF 2023
4
APPENDIX
PETITIONERS EXHIBITS
Exhibit P1THE TRUE COPY OF THE SAID SALE DEED
BEARING NO 3871/1996 DATED 25/10/1996 OF
THODUPUZHA SRO
Exhibit P2THE TRUE COPY OF THE LAND TAX RECEIPT NO
4555409 DATED 25/01/2017 ISSUED FROM THE
MANAKAD VILLAGE
Exhibit P3THE TRUE COPY OF THE SAID SALE DEED
BEARING NO 1742 /1996 OF THODUPUZHA SRO,
DATED 24/4/1996
Exhibit P4THE TRUE COPY OF THE LAND TAX RECEIPT NO.
4172797 DATED 16/01/2016 ISSUED FROM THE
MANAKAD VILLAGE
Exhibit P5THE TRUE COPY OF THE RE SURVEY PLAN
MISTAKENLY PREPARED BY THE RE SURVEY
OFFICIALS , BEARING BLOCK NO 578, IN RE
SURVEY NO 22 OF MANAKAD VILLAGE
Exhibit P6TRUE COPY OF THE SAID APPLICATION
SUBMITTED BY THE FIRST PETITIONER TO THE
SECOND RESPONDENT, VILLAGE OFFICER, DATED
26/03/2022
Exhibit P7THE TRUE COPY OF THE REPORT BEARING NO.
264/2022 DATED 20/05/2022,SUBMITTED BY
THE SECOND RESPONDENT TO THE FIRST
RESPONDENT
Exhibit P8TRUE COPY OF THE LETTER BEARING NO.K6-
320824/2022 DATED 10/4/2023 OF THE FIRST
RESPONDENTS' OFFICE
Exhibit P9TRUE COPY OF THE DECREE PASSED IN O S
180/2010 OF MUNSIFFS COURT, THODUPUZHA,
DATED 31/3/2013
1 issue framed by the court
Whether the Tahsildar (LR) is competent to address the petitioners' grievance regarding land sub-division and tax.
1 provisions across 1 enactments
VINODKUMAR C P
SUMA
THE TAHSILDAR, THODUPUZHA MINI CIVIL STATION,THODUPUZHA P.O.
THE VILLAGE OFFICER, MANAKKAD VILLAGE OFFICE
THE TAHSILDAR (LR), THODUPUZHA
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court