Disposed

Mary Kuriakose v. Village Officer

Kerala HC8 Apr 2024WP(C)/17648/2020

Case brief

AI extract

What is this about?

HC Kerala disposed of this writ petition seeking directions to file property tax applications. The court directed the Village Officer to accept the petitioner's application within 30 days of judgment receipt and dispose of it within three months, considering the relevant Government Order. The court reserved other questions.

What did the court decide?

The petitioner is permitted to submit an application to the 1st respondent for accepting tax within 30 days of this judgment's date.

Mary Kuriakose Vs Village Officer — Property and Title | Kerala HC (2024)

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WP(C) NO. 17648 OF 2020

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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 P.V.KUNHIKRISHNAN

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MONDAY, THE 8^TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946 WP(C) NO. 17648 OF 2020

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PETITIONER/S:

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MARY KURIAKOSE AGED 66 YEARS

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W/O.MATHAI KURIAKOSE, CHEMBAKATHINAL, VANNAPPURAM P.O., PIN - 685 607.

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BY ADVS.

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P.SATHISAN SMT.KRISHNA.G.NATH SMT.DONA AUGUSTINE

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RESPONDENT/S:

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1 VILLAGE OFFICER VANNAPPURAM VILLAGE OFFICE, VANNAPPURAM, KALIYAR ROAD, VANNAPPURAM P.O., KERALA -685 607.

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2 TAHZILDAR (L.R.), TALUK OFFICE THODUPUZHA, MUVATTUPUZHA RD., THODUPUZHA P.O., KERALA - 685 584.

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3 THE DISTRICT COLLECTOR COLLECTORATE, KUYILIMALA, PAINAV P.O., IDUKKI, KERALA STATE, PIN - 685603.

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OTHER PRESENT:

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SRI.B.S.SYAMANTAK, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 17648 OF 2020

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P.V.KUNHIKRISHNAN, J

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W.P.(C.) No. 17648 of 2020

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Dated this the 8^th day of April, 2024

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JUDGMENT

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The above writ petition is filed with following prayers :

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(i) “Issue a writ of mandamus or such other writ or direction directing respondents to collect the property tax with respect to properties covered by Exhibit P1 and P5 from the petitioner. (ii) Grant such other reliefs as this Hon'ble Court find deems fit and proper in the circumstances of the case.

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(iii) Pass such other writs or directions or orders which this Hon'ble Court may find deem fit and proper in the circumstances of the case and

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(iv) Award costs of the proceeding to petitioner.” [sic]

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2. According to the petitioner, she is the exclusive

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owner in possession of 50 cents of land after assignment of portion of property obtained by her as per Ext.P1 patta. Out of the patta property, the petitioner sold out about 93 cents of

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WP(C) NO. 17648 OF 2020 3

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land as per different transactions and the balance extent of property covering an area of 50 cents is in her exclusive possession and ownership. The above property forms part of vast larger extent of property in Survey No. 1478/1A having an extent of about 659 acres and 7 cents is the submission. Another portion of property having an extent of 35 ares 20 sq.mtrs. had been purchased by her as per Ext.P5 document is the submission. There had been a dispute in relation to another portion of the larger extent in survey No. 1478/1A belonging to the petitioner's husband about which the litigations are pending is the further submission. Based on the above litigation, even though the properties covered by Exts.P1 and P5 are different, the respondents refused to receive the property tax pertaining to property covered by Ext.P1 on projected objections based on the litigation and interdicting orders passed by the 2^nd respondent is the submission. Hence, this writ petition.

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WP(C) NO. 17648 OF 2020

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

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The counsel for the petitioner submitted that in the light of the GO (MS) No.110/2022/RD dated 21.04.2022, the tax ought to have been accepted from the petitioner. The petitioner can approach the 1^st respondent with appropriate representation and there can be a direction to the 1^st respondent to consider the same in the light of the above Government Order.

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Therefore, this writ petition is disposed of with the following directions :

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1. The petitioner is free to submit appropriate application before the 1^st respondent for accepting tax to her property within 30 days from the date of receipt of a certified copy of this judgment.

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1. Once such an application is received, the 1^st respondent will consider the same and pass appropriate orders in it,

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WP(C) NO. 17648 OF 2020

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as expeditiously as possible, at any rate, within three months from the date of receipt of the application.

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While deciding the matter, the 1^st respondent will also consider the applicability of the GO (MS) No. 110/2022/RD dated 21.04.2022.

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SD/-

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P.V.KUNHIKRISHNAN

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JUDGE

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SKS

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WP(C) NO. 17648 OF 2020

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APPENDIX OF WP(C) 17648/2020

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE BY 2ND RESPONDENT	PATTA NO.300 DATED 29/12/	/1995 1995.	ISSUED
EXHIBIT P2	TRUE COPY OF NO.KL06041904434/	PROPERTY 2019 DATED 08	TAX R /07/20	ECEIPT 19.
EXHIBIT P3	TRUE COPY OF NO.41286346 DATED	POSSESSION 08/07/2019.	CERTI	FICATE
EXHIBIT P4	TRUE COPY OF T THANDAPER REGIS RESPONDENT DATED	HE RELEVANT TER ISSUED 10/10/2019.	EXTRA BY	CT OF 1ST
EXHIBIT P5	TRUE COPY OF TH DATED 27/02/1982.	E SALE DEED	NO.76	8/1982
EXHIBIT P6	TRUE COPY OF THE DATED 08/11/2017.	CERTIFICATE	NO.133	1/2017
EXHIBIT P7	TRUE COPY OF NO.KL06041904433/	PROPERTY 2019 DATED 08	TAX R /07/20	ECEIPT 19.
EXHIBIT P8	TRUE COPY OF IN RIGHT TO INFORMAT	FORMATION OB ION ACT DATED	TAINED 06/07	UNDER /2020.
EXHIBIT P9	TRUE COPY OF THE BY THE 2ND RESPON	INTERDICTING DENT DATED 21	ORDER /10/20	ISSUED 19.
EXHIBIT P10	TRUE COPY OF THE 3RD RESPONDENT DA	LATEST NOTI TED 30/06/202	CE ISS 0.	UED BY
EXHIBIT P11	TRUE COPY OF T REVENUE DIVISIONA 17/08/2015.	HE PROCEEDI L OFFICER,	NGS O IDUKKI	F THE DATED

Mary Kuriakose v. Village Officer

Case brief

What is this about?

What did the court decide?

Mary Kuriakose v. Village Officer

Case brief

What is this about?

What did the court decide?

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