Sebastian Pd vs The District Collector

Citation : 2022 Latest Caselaw 9758 Ker
Judgement Date : 26 August, 2022

Kerala High Court
Sebastian Pd vs The District Collector on 26 August, 2022
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
                       WP(C) NO. 25640 OF 2022
PETITIONER:

            SEBASTIAN PD
            AGED 68 YEARS
            S/O. DEVASYA, AGED 68 YEARS, PANACHINANICKAL HOUSE,
            MUTTOM P.O., THOTTUMKARA , PIN - 685587

            BY ADV R.LAKSHMI NARAYAN


RESPONDENTS:

    1       THE DISTRICT COLLECTOR
            COLLECTORATE, KUYILIMALA, PINAVU, IDUKKI,
            PIN - 685603

    2       THE TAHSILDAR
            TALUK OFFICE, THODUPUZHA, MUVATTUPUZHA ROAD,
            KERALA, PIN - 685584

    3       THE TALUK SURVEYOR
            TALUK OFFICE, THODUPUZHA, MUVATTUPUZHA ROAD,
            KERALA, PIN - 685584

    4       THE VILLAGE OFFICER
            MUTTOM, THODUPUZHA , PIN - 685587

            SRI.BIMAL K.NATH - SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25640 OF 2022

                                     2

                               T.R. RAVI, J.
               --------------------------------------------
                     W.P.(C)No.25640 of 2022
                   --------------------------------------------
              Dated this the 26th day of August, 2022

                             JUDGMENT

Admit. Government Pleader takes notice for the respondents.

2. The grievance of the petitioner is that the 2 nd respondent has not completed the proceedings initiated on the basis of Ext.P6 application, despite the award passed in the Adalath held on 25.05.2022. His case is that he was regularly remitting the tax till 2016 and thereafter the tax is not being accepted.

In view of the limited prayer made, there will be a direction to the 2nd respondent to take up Ext.P6 and finalise the same with due consideration of Ext.P10 award passed in the Adalath held on 25.05.2022 at the earliest, at any rate, within three weeks from the date of receipt of a copy of this judgment. Depending on the result of the above consideration, the 4 th respondent shall also accept tax from the petitioner.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 25640 OF 2022 3 APPENDIX OF WP(C) 25640/2022 PETITIONER EXHIBITS Exhibit P-1 THE TRUE COPY OF THE SALE DEED BEARING NO.

61/77 OF THODUPUZHA SRO, DATED 13.09.1976. Exhibit P-2 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 4.7.2009 ISSUED BY THE 4TH RESPONDENT, INDICATING THE REMITTANCE OF TAX BY THE PETITIONER IN THE YEAR 2009. Exhibit P-3 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 21.1.2014, ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

Exhibit P-4 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 17.4.2017, ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

Exhibit P-5 THE TRUE COPY OF THE COMPLAINT DATED 15.4.2016, SUBMITTED BY THE BROTHER OF THE PETITIONER, TO THE 4TH RESPONDENT. Exhibit P-6 THE TRUE COPY OF THE APPLICATION DATED 20.5.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P-7 THE TRUE COPY OF THE LETTER DATED 12.5.2022 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER AND JUNIOR SUPERINTENDENT, TALUK OFFICE, THODUPUZHA TO THE PETITIONER.

Exhibit P-8 THE TRUE COPY OF THE LETTER DATED 13.5.2022 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER AND JUNIOR SUPERINTENDENT, TALUK OFFICE, THODUPUZHA TO THE PETITIONER.

Exhibit P-9 THE TRUE COPY OF THE REPRESENTATION DATED 11.12.2020 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

WP(C) NO. 25640 OF 2022 4 Exhibit P-10 THE TRUE COPY OF THE AWARD DATED 25.5.2022, WHICH IS SIGNED BY THE PETITIONER AS WELL AS THE 4TH RESPONDENT.