Disposed

Mr.Biju Varghese George @ Varghese George v. the District Collector

Kerala HC18 Mar 2024WP(C)/2744/2023

Case brief

AI extract

What is this about?

Petitioner sought direction for acceptance of land tax on property in Thiruvalla, where previous receipts were produced. Court directed third respondent to finalize tax receipt within three months after conducting a surveyed notice to parties.

What did the court decide?

Directed third respondent to finalize tax receipt within three months after conducting a survey with notice.

Mr.Biju Varghese George @ Varghese George Vs the District Collector — 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 MR.JUSTICE VIJU ABRAHAM

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MONDAY, THE 18^TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945

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WP(C) NO. 2744 OF 2023

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PETITIONER:

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MR.BIJU VARGHESE GEORGE @ VARGHESE GEORGE AGED 57 YEARS S/O.GEORGE VARGHESE RESIDING AT KATTUPARAMBIL BUNGLOW MUTHOOR ,THIRUVALLA VILLAGE, THIRUVALLA TALUK, AALAPPUZHA DISTRICT, PIN - 688002

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BY ADVS. P.M.JOSHI ELIZABETH KOSHY SIJI K.PAUL BONNY BABY VISHNU PRASAD

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT, COLLECTRATE, ALAPPUZHA, PIN - 688001

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2 THE TAHSILDAR, THIRUVALLA TALUK OFFICE, THIRUVALLA, PIN - 688002

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3 THE VILLAGE OFFICER, THIRUVALLA VILLAGE, THIRUVALLA.P.O, THIRUVALLA TALUK, ALAPPUZHA DISTRICT, PIN – 688002

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BY ADV.SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.2744/2023

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JUDGMENT

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Dated this the 18^th day of March, 2024

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Petitioner has approached this Court seeking a direction to the third respondent to accept land tax of the petitioner’s property in Sy.No.113/3/2 in Thiruvalla Village.

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Petitioner submits that he is ownership and possession of 4 ares and 5 sq.mtrs. (10 cents) of property in Sy.No.113/3/2 in Thiruvalla Village obtained as per Ext.P1 sale deed. After execution of Ext.P1 sale deed mutation was effected in the name of the petitioner and he was paying tax as is evident from Ext.P2 in Thandaper No.15060. Thereafter petitioner went abroad in connection with his employment and only recently he came back to his native place. Therefore, there was some delay in payment of the land tax in respect of the said property. But, when the petitioner attempted to remit land tax, he was informed to produce original title deeds and encumbrance certificate which was duly produced by the petitioner. The third respondent is refusing to accept land tax without assigning any reason.

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WP(C) NO.2744/2023

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Heard the learned Government Pleader also.

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After hearing both sides and taking into

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consideration the fact that tax has received from the petitioner as is evident from Ext.P2 in thandaper account No.15060, I am of the view that the request of the petitioner for receiving tax pending before the third respondent should be finalised without any delay, if required after conducting a survey of the property with notice to the petitioner and any other affected parties and if a survey is conducted, report and sketch of the survey shall be made available to the petitioner. The proceedings shall be fianlised within an outer limit of three months from the date of receipt of a copy of this judgment.

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The Writ Petition is disposed of as above.

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SD/-

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VIJU ABRAHAM JUDGE

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csl

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WP(C) NO.2744/2023

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APPENDIX OF WP(C) 2744/2023

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PETITIONER'S EXHIBITS

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ExhibitP1 THE TRUE COPY OF THE SAID SALE DEED NO.331/1984 DATED 3-12-1983 OF SRO,THIRUVALLA ExhibitP2 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 1-7-1988 ISSUED FROM THE 3RD RESPONDENT ExhibitP3 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 15-12-2022 ISSUED FROM SRO,THIRUVALLA

Mr.Biju Varghese George @ Varghese George v. the District Collector

Case brief

What is this about?

What did the court decide?

Mr.Biju Varghese George @ Varghese George v. the District Collector

Case brief

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