Disposed

C.P.Kunhunni Gupthan v. State of Kerala

Kerala HC17 Jul 2024WP(C)/10773/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction to accept basic tax on specific properties and to conclude an initiated enquiry. The High Court disposed of the petition by directing the District Collector (3rd Respondent) to conclude the enquiry within three months after hearing all relevant parties.

What did the court decide?

The third respondent is directed to conclude the enquiry initiated as per Exts.P9 and P10 after hearing the petitioner and affected parties within three months.

C.P.Kunhunni Gupthan Vs State of Kerala — Kerala HC (2024) — LawSathi Research

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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 SHOBA ANNAMMA EAPEN

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WEDNESDAY, THE 17^TH DAY OF JULY 2024 / 26TH ASHADHA, 1946 WP(C) NO. 10773 OF 2023

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PETITIONER:

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C.P.KUNHUNNI GUPTHAN, AGED 73 YEARS S/O. LATE APPU GUPTHAN (RETIRED HEAD MASTER), CHUNDATH PALOTTIL (H), PALODE (PO), MANNARKKAD COLLEGE (VIA), PALAKKAD DISTRICT, PIN - 678583

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BY ADVS. K.MOHANAKANNAN D.S.THUSHARA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE DISTRICT COLLECTOR, PALAKKAD CIVIL STATION, PALAKKAD DISTRICT, PIN - 678001

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3 TAHSILDAR TALUK OFFICE, MANNARKKAD, PALAKKAD, PIN - 678582

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4 TAHSILDAR (LR) MANNARKKAD, MINI CIVIL STATION, MANNARKKAD, PALAKKAD DISTRICT, PIN - 678582

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5 VILLAGE OFFICER THACHANATTUKARA-I VILLAGE THACHANATTUKARA PO, MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN - 678583

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WP(C) NO. 10773 OF 2023

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..2..

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ADDL.R6 VENUGOPALAN

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S/O LATE SANAKARA GUPTHAN, PALLOTTIL HOUSE, P.O.NATTUKAL, MANNARKKAD TALUK, PALAKKAD DISTRICT

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ADDL.R7 MURALEEDHARAN S/O BALAKRISHNA GUPTHAN, PALLOTTIL HOUSE, P.O.PALODE, MANNARKKAD TALUK, PALAKKAD DISTRICT

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ADDL.R8 RAJAN

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S/O LATE SANKARAN MOOTHAN, KOOTHUPARAMBIL VEEDU, P.O.PALODE, MANNARKKAD TALUK, PALAKKAD DISTRICT

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ADDL.R9 MOHAMMED

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S/O LATE MOHAMMED, KUNNANATHU VEEDU, P.O.PALODE, MANNARKKAD TALUK, PALAKKAD DISTRICT

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ADDL.R6 TO R9 ARE IMPLEADED AS PER ORDER DATED 17.07.2024 IN IA NO.3/2024

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BY ADV JAYARAM

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OTHER PRESENT:

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SRI. ASHWIN SETHUMADHAVAN -SPL.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 10773 OF 2023

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JUDGMENT

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This writ petition is filed seeking the following prayers;

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“i) To issue a writ of mandamus or appropriate Writ order or direction directing the 5th Respondent to accept basic tax from the Petitioner in respect of the properties covered in Survey No.260/1 and Survey Nos. 165/1A1A, 65/74, 165/1B of Thachanattukara-I Village, Mannarkkad Taluk in Palakkad District;

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ii) To issue a writ of mandamus or appropriate Writ order or direction directing the 3rd Respondent to consider and pass appropriate orders on Ext.P9 and Ext.P10 after hearing the Petitioner within a time frame to be fixed by this Hon’ble Court;

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iii) To dispense with filling of the translation of vernacular documents;”

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Today, when the case was taken up for hearing, the learned counsel for the petitioner submitted that the petitioner had filed Ext.P5 representation before the Taluk Officer (LR) and another representation dated 01.08.2022 before the Government requesting for a direction to accept basic tax in respect of the properties belonging to the petitioner. It is further submitted that as a sequel to the representations submitted by the petitioner, an enquiry has been ordered by the Tahsildar (LR) as per Exts.P9 and P10 and the petitioner is limiting his prayer for a direction to the third respondent to consider and conclude Exts.P9 and P10.

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WP(C) NO. 10773 OF 2023

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..4..

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After hearing both parties, I am of the opinion that this writ petition can be disposed of by directing the third respondent to conclude the enquiry initiated as per Exts.P9 and P10 in a time bound manner, after hearing the petitioner, additional respondents 6 to 9 and affected parties, if any.

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Accordingly, the writ petition is disposed of, as follows;

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a) The third respondent is directed to conclude the enquiry initiated as per Exts.P9 and P10, after hearing the petitioner, additional respondents 6 to 9 and other affected parties, if any, within a period of three months from the date of receipt of a certified copy of this judgment.

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b) The petitioner shall produce a certified copy of this judgment before the third respondent for compliance.

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE

bka/-

WP(C) NO. 10773 OF 2023

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APPENDIX OF WP(C) 10773/2023

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE LETTER OF THE 3 RD RESPONDENT VIDE LETTER NO. H3-776/2020 DATED 20/02/2020 Exhibit P2 TRUE COPY OF THE LETTER NO. A1/1159/2021(CMO) DATED 09/02/2021 OF THE TAHSILDAR (LAND RECORDS), MANNARKKAD ADDRESSED TO THE PETITIONER Exhibit P3 EXHIBIT.P3:- TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR, MANNARKKAD DATED 10/11/2021 Exhibit P4 TRUE COPY OF THE GOVERNMENT LETTER NO.REV-C2/117/2022-REV DATED 08/08/2022 SENT TO THE PETITIONER. Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE TALUK OFFICER (LAND RECORDS) DATED 21/11/2022 Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE HON'BLE CHIEF MINISTER DATED 01/08/2022 Exhibit P7 EXHIBIT.P7:- TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT (REGISTRATION NO. CMO/22032006) HAS BEEN ISSUED REGARDING RECEIPT OF EXHIBIT P6 REPRESENTATION, Exhibit P8 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED FROM THE OFFICE OF THE REVENUE MINISTER, DEPARTMENT OF REVENUE DATED 23/09/2022

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WP(C) NO. 10773 OF 2023

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Exhibit P9 TRUE COPY OF THE NOTICE ISSUED BY THE TAHSILDAR(LR) MANNARKKAD DATED 24/09/2022 AS REF. NO. H32310/2022/9/300 Exhibit P10 TRUE COPY OF THE LETTER OF THE 3 RD RESPONDENT NO. TLKMKD/3268/2022-R2 DATED 16/08/2022 Exhibit P11 TRUE COPY OF THE NOTICE DATED 07/11/2022 ISSUED BY THETHASILDAR(LR)

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RESPONDENT EXHIBITS

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Exhibit R6(a) TRUE COPY OF THE BASIC TAX RECEIPT DATED 28/07/2020 WITH RESPECT TO THE PROPERTY OF THE 1ST APPLICANT HEREIN Exhibit R6(b) TRUE COPY OF THE BASIC TAX RECEIPT DATED 09/09/2021 WITH RESPECT TO THE PROPERTY OF THE 1ST APPLICANT HEREIN Exhibit R6(c) TRUE COPY OF THE BASIC TAX RECEIPT DATED 16/04/2022 WITH RESPECT TO THE PROPERTY OF THE 1ST APPLICANT HEREIN Exhibit R6(d) TRUE COPY OF THE BASIC TAX RECEIPT DATED 20/04/2023 WITH RESPECT TO THE PROPERTY OF THE 1ST APPLICANT HEREIN Exhibit R6(e) TRUE COPY OF THE BASIC TAX RECEIPT DATED 02/05/2024 WITH RESPECT TO THE PROPERTY OF THE 1ST APPLICANT HEREIN Exhibit R7(a) TRUE COPY OF THE PARTITION DEED DATED 21/11/2014 REGISTERED IN THE FAMILY OF THE 2ND APPLICANT, MURALEEDHARANA AT SRO MANNARKKAD

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WP(C) NO. 10773 OF 2023

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..7..

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Exhibit R8(a) TRUE COPY OF THE COMPLAINT DATED 24/01/2024 FILED BY THE 3RD APPLICANT HEREIN BEFORE THE TAHSILDAR, MANNARKKAD

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RESPONDENT EXHIBITS

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EXHIBIT R4(a) TRUE COPY OF THE NOTICE DATED 14.05.2024 ISSUED TO THE PETITIONER. EXHIBIT R4(b) TRUE COPY OF THE BASIC TAX RECEIPT EVIDENCING ACCEPTANCE OF LAND TAX DATED 05.01.2023. EXHIBIT R4(c) TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER PERTAINING TO THANDAPPER ACCOUNT NO.5090 DATED 08.04.2024. EXHIBIT R4(d) TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER PERTAINING TO THANDAPPER ACCOUNT NO.5095 DATED 02.05.2024.

C.P.Kunhunni Gupthan v. State of Kerala

Case brief

What is this about?

What did the court decide?

C.P.Kunhunni Gupthan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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