Disposed

Deepchand Vaid, v. State of Kerala

Kerala HC17 Jul 2024WP(C)/9889/2024

Case brief

AI extract

What is this about?

The High Court of Kerala, on the same day that the fourth respondent (Tahsildar) rejected the petitioners' applications under Section 6A of the Kerala Land Tax Act, 1961, closed the pending writ petitions without further adjudication, allowing the petitioners to challenge the rejection orders subsequently.

What did the court decide?

The writ petitions are closed without prejudice to the petitioners' rights to challenge the rejection orders subsequently.

Deepchand Vaid, Vs State of Kerala — Land Acquisition | Kerala HC (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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WEDNESDAY, THE 17^TH DAY OF JULY 2024 / 26TH ASHADHA, 1946

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WP(C) NO. 12269 OF 2024

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PETITIONERS:

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1 V.SREELATHA, AGED 62 YEARS W/O.P.K. SOMASUNDARAN, APARTMENT NO. C-3, GCDA HIG FLATS (ERNAKULAM SOUTH COMMERCIAL CENTRE HOUSING COMPLEX) BROTHER MAVOORAS ROAD, KARSHAKA ROAD, KOCHI, PIN - 682016

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2 P.K. PADMAKUMARI, AGED 74 YEARS W/O.S.SASIDHARAN NAIR APARTMENT NO. A-3, GCDA HIG FLATS (ERNAKULAM SOUTH COMMERCIAL CENTRE HOUSING COMPLEX) BROTHER MAVOORAS ROAD, KARSHAKA ROAD, KOCHI, PIN - 682016

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BY ADVS. JACOB MATHEW MANALIL PRIYA ELIZABETH BABU HRISHIKESH JAYASARMAN PERSIS THOMAS

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RESPONDENTS:

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

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2 SECRETARY, LOCAL SELF GOVERNMENT, 4TH FLOOR, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM, PIN - 695001

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3 THE SECRETARY, GCDA, OFFICE OF GREATER COCHIN DEVELOPMENT AUTHORITY, KADAVANTHRA, COCHIN-20, OFFICE OF GREATER COCHIN DEVELOPMENT AUTHORITY, KADAVANTHRA, COCHIN, PIN - 682020

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-2-

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WP(C)Nos. 12269 of 2024 and 9889 of 2024

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4 THE TAHSILDAR (REVENUE), TALUK OFFICE, KANAYANNUR, ERNAKULAM, PIN - 682011

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BY ADV SHAIJAN C.GEORGE

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SMT.PREETHA K.K., SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.07.2024, ALONG WITH WP(C).9889/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)Nos. 12269 of 2024 and 9889 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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WEDNESDAY, THE 17^TH DAY OF JULY 2024 / 26TH ASHADHA, 1946 WP(C) NO. 9889 OF 2024

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PETITIONER:

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DEEPCHAND VAID, AGED 61 YEARS APARTMENT NO. B-11, GCDA HIG FLATS, ERNAKULAM SOUTH COMMERCIAL CENTRE, HOUSING COMPLEX), BROTHER MAVOORAS ROAD, KARSHAKA ROAD, KOCHI, PIN - 682016

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BY ADVS. JACOB MATHEW MANALIL PRIYA ELIZABETH BABU HRISHIKESH JAYASARMAN PERSIS THOMAS

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RESPONDENTS:

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

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2 SECRETARY, LOCAL SELF GOVERNMENT, 4TH FLOOR, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM, PIN - 695001

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3 THE SECRETARY, GCDA, OFFICE OF GREATER COCHIN DEVELOPMENT AUTHORITY, KADAVANTHRA, PIN - 682020

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4 THE TAHSILDAR (REVENUE), TALUK OFFICE, KANAYANNUR, ERNAKULAM, PIN - 682011

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WP(C)Nos. 12269 of 2024 and 9889 of 2024

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5 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANAMTHAPURAM, PIN - 682031 BY ADV ARUN ANTONY BY SMT.PREYHA.K.K, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.07.2024, ALONG WITH WP(C).12269/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)Nos. 12269 of 2024 and 9889 of 2024

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MOHAMMED NIAS C.P., J.

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WP(C)Nos. 12269 of 2024 and 9889 of 2024

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Dated this the 17^th day of July, 2024

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JUDGMENT

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One of the prayers sought in these writ petitions is to direct the fourth respondent to pass orders on Exts.P4 and P5, , which are the applications filed under Section 6A of the Kerala land Tax Act, 1961.

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Learned Government Pleader has filed a memo dated 27.6.2024 producing copy of the orders dated 14.6.2024 and 15.6.2024 respectively, rejecting the applications filed by the petitioners.

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In view of the passing of the above orders, the petitioners will have to challenge the same, if they feel aggrieved by the same. Without prejudice to the rights of the petitioners to challenge the same, these writ petitions are closed.

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SD/- MOHAMMED NIAS C.P.

JUDGE

dlk/17.7.2024

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APPENDIX OF WP(C) 9889/2024

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PETITIONER'S EXHIBITS

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EXHIBIT P1

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TRUE COPY OF THE SALE DEED DATED 19TH MARCH 2010, EXECUTED BY GCDA IN FAVOUR OF THE 1ST PETITIONER, AND REGISTERED AS DOCUMENT NO. 1015/I OF 2010

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EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 23/11/2023 ISSUED BY THE LAND REVENUE DEPARTMENT, FOR PAYMENT OF RS. 400/- BY THE PETITIONER.

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EXHIBIT P3 TRUE COPY OF THE REQUEST LETTER DATED 11/12/2023, SUBMITTED BY THE PETITIONER, DEEPCHAND VAID TO THE 4TH RESPONDENT, THE TEHSILDAR, REVENUE DEPARTMENT

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EXHIBIT P4 TRUE COPY OF THE BASIC TAX REGISTER DATED 12-01-2024.

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APPENDIX OF WP(C) 12269/2024

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PETITIONERS EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 19TH DAY OF DECEMBER 2002, EXECUTED BY GCDA IN FAVOUR OF THE 1ST PETITIONER, AND REGISTERED AS DOCUMENT NO. 310 OF 2003 EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 21/11/2023 ISSUED BY THE LAND REVENUE DEPARTMENT, FOR PAYMENT OF RS. 720/- BY THE 1ST PETITIONER EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 25/10/2023 ISSUED BY THE LAND REVENUE DEPARTMENT, FOR PAYMENT OF RS. 50/- BY THE 2ND PETITIONER EXHIBIT P4 TRUE COPY OF THE REQUEST LETTER DATED 23/11/2023, SUBMITTED BY THE 1ST PETITIONER, V. SREELATHA TO THE 4TH RESPONDENT, THE TEHSILDAR, REVENUE DEPARTMENT EXHIBIT P5 TRUE COPY OF THE REQUEST LETTER DATED 23/11/2023, SUBMITTED BY THE 2ND PETITIONER, P.K. PADMAKUMARI TO THE 4TH RESPONDENT, THE TEHSILDAR, REVENUE DEPARTMENT

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EXHIBIT P6 TRUE COPY OF THE BASIC TAX REGISTER DATED 12-01-2024

Deepchand Vaid, v. State of Kerala

Case brief

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Deepchand Vaid, v. State of Kerala

Case brief

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