Disposed

Cicilyamma Mathew, v. State of Kerala

Kerala HC15 Jul 2024WP(C)/10109/2024

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition challenging the classification of property in revenue records. The Court noted compliance with a previous judgment, recorded orders by the Revenue Divisional Officer directing the petitioner to apply Form A under the Kerala Land Tax Act, and dismissed the petition without further direction on the merits.

What did the court decide?

The 3rd respondent directed the petitioner to apply Form A under Section 6(2) of the Kerala Land Tax Act, 1961. The Writ Petition was disposed of based on this compliance.

Cicilyamma Mathew, Vs State of Kerala — Municipal and Town Planning | Kerala HC (2024)

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W. P. (C) No. 10109 of 2024

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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 MOHAMMED NIAS C.P.

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MONDAY, THE 15^TH DAY OF JULY 2024 / 24TH ASHADHA, 1946 WP(C) NO. 10109 OF 2024

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PETITIONER:

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CICILYAMMA MATHEW, AGED 62 YEARS, W/O. VARGHESE CHACKO, MATHASSERY HOUSE, RAJAGIRI P.O.,RAJAGIRI P.O., ERNAKULAM-683 104 NOW RESIDING AT 82-65, 260TH STREET, GLEN OAKS, NEWYORK-11004, REPRESENTED BY HER POWER OF ATTORNEY HOLDER M.C.JOHN, AGED 62 YEARS, S/O. M.K. CHACKO, MATHASSERY HOUSE, RAJAGIRI P.O., ERNAKULAM, PIN – 683104.

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BY ADVS.M/S.CHRISTINE MATHEW, AISWARYA E J VETTIKOMPIL, ABESH ALOSIOUS & SEN C PUTHUPPARAMPIL

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

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2 THE DISTRICT COLLECTOR, ERNAKULAM, PIN – 682030.

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3 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI FORT KOCHI, ERNAKULAM DISTRICT, PIN– 682001.

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W. P. (C) No. 10109 of 2024

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4 THE TAHZILDAR, KANAYANNUR, TALUK OFFICE,KANAYANNUR, ERNAKULAM DISTRICT, PIN – 682001.

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5 THE VILLAGE OFFICER, ELAMKULAM, VILLAGE OFFICE, ELAMKULAM, ERNAKULAM DISTRICT, PIN – 682006.

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6 AGRICULTURAL FIELD OFFICER, COCHIN CORPORATION, VYTTILA, ERNAKULAM DISTRICT, PIN – 682019.

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7 KOCHI MUNICIPAL CORPORATION, PARK AVENUE ROAD, MARINE DRIVE, KOCHI, REPRESENTED BY ITS SECRETARY, PIN – 682011.

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SMT.AMMINIKUTTY K., SR.GP

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SRI.K.JANARDHANA SHENOY, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W. P. (C) No. 10109 of 2024

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MOHAMMED NIAS C. P. , J.

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W. P. (C) No. 10109 of 2024

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Dated this the 15^th day of July, 2024

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J U D G M E N T

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The Writ Petition is filed with the following prayers:

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“

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i. Issue a writ of mandamus or such other writ, order or direction directing the 3rd respondent to change the nature of property in revenue records covered by Exhibit P2 as dryland as the property is included in Elamkulam North Housing Scheme as per Clause 12 (2) of Town Planning Act.

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ii. declare that the property covered by Exhibit P2 is dryland as the property is included in Elamkulam North Housing Scheme as per Clause 12 (2) of Town Planning Act.

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iii. Issue a writ of mandamus or such other writ, order or direction directing the 3rd respondent to pass orders in Exhibit P6 application within a time limit to be fixed by this Honourable Court;

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iv. dispense with the translation of the document produced by the petitioner in vernacular language.

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v. to pass such other orders as are deemed fit and proper in the circumstances of the case. ”

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This Court had passed an interim order on 27.5.2024

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directing the 3^rd respondent to pass orders taking note of the

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W. P. (C) No. 10109 of 2024

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judgment of this Court in State of Kerala and others v. Binu Mathew Chacko and others [2020 (6) KHC 717] . Today when the matter is taken up, the learned Government Pleader makes available a copy of the order passed by the 3^rd respondent dated 12.7.2024 directing the petitioner to apply Form A under Section 6(2) of the Kerala Land Tax Act, 1961. This is recorded.

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On the petitioner applying as directed in the order referred to above, the same shall be considered and orders passed without further delay.

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The Writ Petition is disposed of as above.

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Sd/-

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MOHAMMED NIAS C. P. , JUDGE

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MMG

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W. P. (C) No. 10109 of 2024

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APPENDIX OF WP(C).NO.10109/2024

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 A COPY OF THE SALE DEED NO. 5428 OF 2007 OF S.R.O. ERNAKULAM DATED 05.07.2007 EXHIBIT P2 A COPY OF GIFT DEED NO. 3802 OF 2013 DATED 23.09.2013 EXHIBIT P3 A COPY OF THE TAX PAID RECEIPT DATED 12.8.2020 EXHIBIT P4 A COPY OF THE LAND IDENTIFICATION DETAILS ISSUED BY KRISHI BHAVAN, VYTTILA EXHIBIT P5 COPY OF THE LOCATION SKETCH DATED 11.11.2020 ISSUED BY VILLAGE OFFICER, ELAMKULAM EXHIBIT P 6 A COPY OF THE PETITION SENT BY THE PETITIONER TO THE 3RD RESPONDENT DATED 4.1.2021 EXHIBIT P7 TRUE COPY OF JUDGMENT IN W.P.(C) NO. 7433 OF 2021 DATED 30.07.2021 EXHIBIT P8 TRUE COPY OF HEARING NOTICE DATED 15.09.2021 ISSUED BY 3RD RESPONDENT

Cicilyamma Mathew, v. State of Kerala

Case brief

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Cicilyamma Mathew, v. State of Kerala

Case brief

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