Dismissed

Nazar T.B v. the State of Kerala

Kerala HC3 Oct 2023WP(C)/5179/2023

Case brief

AI extract

What is this about?

The petitioner, a land owner in possession of property in Kunnathunadu Village, approached the court complaining that the Revenue Divisional Officer failed to consider his application for fixation of basic tax rate. The court held that the application should have been filed with the Tahsildar and directed the petitioner to submit a fresh application.

What did the court decide?

Petitioner directed to submit an application in Form A under Section 6(3) of the Act before the Tahsildar (Land Records) within one week.

Nazar T.B Vs the State of Kerala — Land Acquisition | 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 MR.JUSTICE MURALI PURUSHOTHAMAN

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TUESDAY, THE 3^RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945

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WP(C) NO. 5179 OF 2023

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PETITIONER:

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NAZAR T.B, AGED 50 YEARS S/O BAVA, THARAMATTATHIL HOUSE, KUNNATHUNADU, PINARMUNDA ERNAKULAM – 683565 - 683565 BY ADVS. JOBY JACOB PULICKEKUDY ANIL GEORGE

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RESPONDENTS:

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1 THE STATE OF KERALA REP. BY THE SECRETARY (REVENUE DEPARTMENT), SECRETARIAT, THIRUVANATHAPURAM – 695001

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**2 THE REVENUE DIVISIONAL OFFICER MUVATTUPUZHA, ERNAKULAM – 686673 3 THE TAHSILDAR KUNNATHUNADU TALUK, TALUK OFFICE, CIVIL STATION, PERUMBAVOOR – 683542 4 THE VILLAGE OFFICER KUNNATHUNADU VILLAGE, ERNAKULAM DISTRICT – 683565 5 THE TAHSILDAR (LAND RECORDS) KUNNATHUNAD TALUK, TALUK OFFICE CIVIL STATION, PERUMBAVOOR – 683 542 (IS SUO MOTU IMPLEADED AS THE ADDITIONAL 5TH RESPONDENT AS PER ORDER DATED 03.10.2023) R BY GP ADV.RIYAL DEVASSY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5179 OF 2023 : 2 :

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JUDGMENT

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The petitioner is the owner in possession and

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enjoyment of a property having an extent of 19.50 Ares in Re-Sy.No.322/20 of Kunnathunadu Village. The petitioner states that he has been issued with Ext.P2 order under clause 6(2) of the Kerala Land Utilization Order, 1967, permitting to change the user of the land. Thereafter, the petitioner submitted Ext.P3 application before the 3^rd respondent for fixation of the rate of basic tax in respect of the said property, under Section 6A of the Kerala Land Tax Act, 1961 (hereinafter referred to as the 'Act' for short). The grievance of the petitioner is that the 3^rd respondent has not so far considered Ext.P3 application.

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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The learned Government Pleader, on instructions, submits that Ext.P3 application ought to have been filed before the Tahsildar (Land Records) and the 3^rd respondent

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WP(C) NO. 5179 OF 2023 : 3 :

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is not the competent authority to consider Ext.P3 application.

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In view of the above submission, the “Tahsildar

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(Land Records), Kunnathunadu Taluk, Taluk Office, Civil Station, Perumbavoor – 683 542”, is suo motu impleaded as the additional 5^th respondent.

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Accordingly, the writ petition is disposed of with a direction to the petitioner to submit an application in Form A under Section 6(3) of the Act before the additional 5^th respondent/Tahsildar (Land Records), within a period of one week from the date of receipt of a copy of this judgment. On receipt of such application, the additional 5^th respondent shall pass appropriate orders thereon within a period of three months therefrom.

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Sd/MURALI PURUSHOTHAMAN JUDGE

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WP(C) NO. 5179 OF 2023 : 4 :

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APPENDIX

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE KL070512	PHOTOCOPY O 00870/2020 DA	F BASIC TED 17/0	TAX RECEIPT NO 2/2020
Exhibit P2	A TRU -7820/20 2ND RESP	E PHOTOCOPY 14/A9 DATED ONDENT	OF 28/02/20	ORDER NO: KDS 15 ISSUED BY THE
Exhibit P3	A TRUE SUBMITTE APPLICAT	PHOTOCOPY D BY THE ION DATED 16/	OF FOR PETITIO 09/2022	M A APPLICATION NER ALONG WITH
Exhibit P4	A TRUE WRIT AP HON'BLE	COPY OF JUD PEAL NO.876, COURT	GMENT DA 918 OF	TED 21/07/2020 IN 2020 BEFORE THIS
Exhibit P5	A TRUE	COPY OF R	EPORTED	DECISION IN WPC
	NO.6503 ABRAHAM	OF 2020 [2 VS. STATE OF	020 (4) KERALA	KLT 448]. MARY

Nazar T.B v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Nazar T.B v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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