Allowed

Ambika v. the Revenue Divisional Officer

Kerala HC7 Feb 2023WP(C)/2055/2023

Case brief

AI extract

What is this about?

Petitioners sought directions to upload Form 6 house tax applications and obtain building permits. The Court directed the Revenue Officer to verify if properties were incorrectly recorded in the database as 'nilam,' order immediate rejection of duplicate Form 5 applications if not included, and permit Form 6 uploads within two weeks.

What did the court decide?

Direction to verify database records, reject pending Form 5 applications if properties are not included, and permit upload of Form 6 applications within two weeks.

Ambika Vs the Revenue Divisional Officer — Landlord and Tenant | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 7TH DAY OF FEBRUARY 2023 / 18TH MAGHA, 1944

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WP(C) NO. 2139 OF 2023

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PETITIONER:

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VISHNU SANKU
AGED 28 YEARS
S/O. LATE P.M SANKU, POTTACKAL, PANCODE P.O,
AIKKARANADU NORTH, VADAVUKODE, ERNAKULAM, PIN - 682310
BY ADV C.K.SHERIN

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RESPONDENTS:

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1 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA, PIN - 686673

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2 THE VILLAGE OFFICER

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AIKKARANADU NORTH, KADAYIRUPPU, PIN - 682311

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3 THE AGRICULTURAL OFFICER KRISHI BHAVAN, AIKKARANADU NORTH KADAYIRUPPU P.O, PIN - 682311

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4 AIKKARANADU GRAMA PANCHAYATH AIKKARANADU NORTH, KADAYIRUPPU P.O, PIN - 682311 REPRESENTED BY ITS SECRETARY ADV.ABRAHAM P.MEACHINKARA SRI.APPU P.S., GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.02.2023, ALONG WITH WP(C).2055/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NOS.2139 & 2055 OF 2023

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 7TH DAY OF FEBRUARY 2023 / 18TH MAGHA, 1944
WP(C) NO. 2055 OF 2023

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PETITIONER:

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AMBIKA

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AGED 52 YEARS
W/O. LATE P.M SANKU, POTTACKAL, PANCODE P.O,
AIKKARANADU NORTH, VADAVUKODE, ERNAKULAM, PIN - 682310
BY ADV C.K.SHERIN

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RESPONDENTS:

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1 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA, PIN - 686673

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2 THE VILLAGE OFFICER

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AIKKARANADU NORTH, KADAYIRUPPU, PIN - 682311

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3 THE AGRICULTURAL OFFICER KRISHI BHAVAN, AIKKARANADU NORTH KADAYIRUPPU P.O, PIN - 682311 SRI.P.S.APPU, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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07.02.2023, ALONG WITH WP(C).2139/2023, THE COURT ON THE SAME DAY

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DELIVERED THE FOLLOWING:

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WP(C) NOS.2139 & 2055 OF 2023

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JUDGMENT

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[WP(C) Nos.2139/2023, 2055/2023]

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Dated this the 7^th day of February, 2023

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These writ petitions are filed seeking directions to the 1^st respondent to receive Ext.P6 applications in Form 6 and to consider and

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pass orders on the same. There is a further direction sought in W.P.(C) No.2139/2023 to the 4^th respondent to consider the application submitted by the petitioner therein for building permit. The learned counsel for the petitioners submits that the properties of the petitioners are not included in the data bank. However, on a misconception that the properties are so included, Form 5 applications were submitted by the petitioners, but the same are kept pending. Due to the pendency of the Form 5 applications, the petitioners are unable to upload Form 6 applications and that the petitioners’ requests for building permits are also not being considered in view of the fact that the petitioners have not obtained permissions from the 1^st respondent for the use of the properties for other purposes, since the properties stand recorded as

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WP(C) NOS.2139 & 2055 OF 2023

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‘nilam’ in the Basic Tax Register.

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Having heard the learned Government Pleader also, I am of the opinion that since the properties of the petitioners are not included in the data bank, the pendency of Form 5 applications cannot stand in the way of the petitioners uploading Form 6 applications. There will, accordingly, be a direction to the 1^st respondent to verify whether the properties of the petitioners are included in the data bank and if the properties are not so included, to reject the Form 5 applications immediately so that the petitioners can upload Form 6 applications. Necessary shall be done within a period of two weeks from the date of receipt of a copy of this judgment. In case the properties stand included in the data bank, the Form 5 applications shall be considered after obtaining all due reports. Thereafter, the petitioners shall be permitted to upload Form 6 applications and the same shall also be considered and appropriate orders shall be passed after obtaining due reports from the Village Officer within a period of two months thereafter. If the Form 6 applications submitted by the petitioners are allowed, applications for building permits submitted by them shall also be

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WP(C) NOS.2139 & 2055 OF 2023

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considered by the Panchayat, without delay, and appropriate orders

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shall be passed thereon.

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These writ petitions are ordered accordingly.

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Sd/-

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ANU SIVARAMAN

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JUDGE

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NP

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WP(C) NOS.2139 & 2055 OF 2023

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APPENDIX OF WP(C) 2139/2023

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PETITIONER’S EXHIBITS
Exhibit P1TRUE COPY OF THE SETTLEMENT DEED NO.
5780/2022 DATED 24.09.2022
Exhibit P2TRUE COPY OF THE TAX RECEIPT FOR THE YEAR
2022-23
Exhibit P3A TRUE COPY OF THE RELEVANT PAGE OF THE DATA
BANK
Exhibit P4A TRUE COPY OF THE APPLICATION IN FORM 5
DATED 11.01.2023
Exhibit P5A TRUE COPY OF THE RECEIPT NO.
KL07051100189/2023 DATED 11.01.2023
Exhibit P6A TRUE COPY OF THE APPLICATION DATED
11.01.2023
Exhibit P7A TRUE COPY OF THE COMMUNICATION DATED
17.01.2023 ISSUED BY THE PANCHAYATH
RESPONDENTS’ EXHIBITS: NIL

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WP(C) NOS.2139 & 2055 OF 2023

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PETITIONER’S EXHIBITS
Exhibit P1TRUE COPY OF THE SETTLEMENT DEED NO.
1209/2012 DATED 27.02.2012
Exhibit P2TRUE COPY OF THE TAX RECEIPT FOR THE YEAR
2022-23
Exhibit P3A TRUE COPY OF THE RELEVANT PAGE OF THE DATA
BANK
Exhibit P4A TRUE COPY OF THE APPLICATION IN FORM 5
DATED 11.01.2023
Exhibit P5A TRUE COPY OF THE RECEIPT DATED 11.01.2023
Exhibit P6A TRUE COPY OF THE APPLICATION DATED
12.01.2023

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RESPONDENTS’ EXHIBITS: NIL

Ambika v. the Revenue Divisional Officer

Case brief

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What did the court decide?

Ambika v. the Revenue Divisional Officer

Case brief

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