OF 2019 1 IN THE HIGH COURT OF KERALA AT…
Ext.P8 set aside; 4th respondent to reconsider and pass orders after hearing petitioner and other affected parties within four months.
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WP(C) NO. 6608 OF 2019
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 6608 OF 2019
PETITIONER/S:
C.K.VILASINI, AGED 75 YEARS W/O.LATE K.P.VELAYUDHAN, RATHANCHARTH HOUSE, ELAVANCHERRY PO, PALAKKAD DISTRICT.
BY ADVS. K.MOHANAKANNAN SMT.T.V.NEEMA
RESPONDENT/S:
WP(C) NO. 6608 OF 2019
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CHITTUR TALUK, PALAKKAD DISTRICT-678101.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6608 OF 2019
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P.V.KUNHIKRISHNAN, J
W.P.(C.) No. 6608 of 2019
Dated this the 4th day of April, 2024
JUDGMENT
The above writ petition is filed with following prayers :
i) "To issue a Writ of certiorari or any other appropriate Writ order or direction calling for the records leading to Ext.P8 and quash the same; ii) To issue a Writ of Mandamus or any other appropriate Writ order or direction, directing the Respondents to accept basic tax in respect of the property covered by Ext.P1 and P3 as done in Ext.P2 and P4;
iii) To declare that the ceiling proceedings evident from Ext.P9 is not binding in respect of the property held by the Petitioner and the properties covered by Exts.P1 and P3. iv) To call for a report from Respondents 4 and 5 as to how the Petitioner's properties was taken possession by virtue of Ext.P9 and the extent and details thereof;
v) To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case.” [sic]
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enjoyment of 3.0723 hectares of land covered by Ext.P1 purchase certificate and by Ext.P2 tax receipt in Elavanchery Village, Chittur Taluk. It is submitted that she has inherited the properties covered by Ext.P3 purchase certificate from her husband. Ext.P4 is the basic tax receipt. According to the petitioner, Exts.P5 and P6 basic tax receipts would show that in the year 2017, the basic tax was accepted for lesser extent. On enquiry, it is submitted that the Village Officer informed that some properties are involved in a ceiling case. According to the petitioner, no notice whatsoever is issued and no ceiling case is pending against the petitioner. The petitioner had approached this Court by filing WP(C) No.3162/2018 earlier. This Court disposed the above writ petition as per Ext.P7 judgment directing the Village Officer to accept the basic tax from the petitioner subject to ceiling proceedings. But it is submitted that
WP(C) NO. 6608 OF 2019 5
by Ext.P8, it is informed that the property of the petitioner is included in a ceiling case and it was taken possession by the Government. According to the petitioner, Ext.P9 is the copy of the order of the Taluk Land Board. The petitioner is not a party and the petitioner's property is not included in the ceiling case is the submission. Aggrieved by Ext.P8 order, this writ petition is filed.
learned Government Pleader.
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is free to pass appropriate orders in accordance with law as directed in Ext.P7.
Therefore, this writ petition is disposed of with the following directions:
pass appropriate orders after giving an opportunity of hearing to the petitioner and other affected parties as expeditiously as possible, at any rate, within four months from the date of receipt of a certified copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
WP(C) NO. 6608 OF 2019
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APPENDIX OF WP(C) 6608/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PURCHASE CERTIFICATE NO.267/92 OF KOLLAMGODE LAND TRIBUNAL DATED 31.8.1992. EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 6.4.2016 IN RESPECT OF PROPERTY COVERED BY EXHIBIT P1. EXHIBIT P3 TRUE COPY OF THE PURCHASE CERTIFICATE NO.269/1992 DATED 31.8.92 IN ELAVANCHERRY VILLAGE IN CHITTUR TALUK. EXHIBIT P4 TRUE COPY OF THE BASIC TAX RECEIPT DATED 6.4.2016. EXHIBIT P5 TRUE COPY OF THE TAX RECEIPT DATED 22.4.2017 IN RESPECT OF THE PROPERTY COVERED BY EXHIBIT P1. EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT DATED 25.5.2017. EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.3162/2018 DATED 22.2.2018. EXHIBIT P8 TRUE COPY OF THE COMMUNICATION SENT BY THE 3RD RESPONDENT TO THE PETITIONER DATED 13.6.2018. EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 26.4.2016. EXHIBIT P10 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 3.10.2019
1 issue framed by the court
Is Ext.P8, issued in response to the earlier Ext.P7 judgment on acceptance of basic tax, a valid order given alleged involvement of the petitioner's land in ceiling proceedings?
C.K.VILASINI
STATE OF KERALA (REVENUE DEPARTMENT)
THE TALUK LAND BOARD, CHITTUR
THE DISTRICT COLLECTOR, PALAKKAD
THE TAHSILDAR, CHITTUR
THE VILLAGE OFFICER, ELAVANCHERRY
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
