IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 7737 OF 2021
PETITIONER:
C.K.DHARMADAS
AGED 70 YEARS, S/O.KRISHNAN,
SAI KRISHNA, PANNIAMPARA ROAD,
PALLIKUNNU AMSOM DESOM, P.O.PALLIKUNNU,
KANNUR DISTRICT PIN 670 004
BY ADVS.
C.VATHSALAN
SRI.K.RAKESH ROSHAN
SMT.THUSHARA.V
RESPONDENTS:
1 THE STATE OF KERALA
REP.BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM PIN 695 001
2 THE REVENUE DIVISIONAL OFFICER
TALIPPARAMBU, POST -TALIPPARAMBU,
KANNUR DISTRICT PIN 670 141
3 THASILDAR
TALUK OFFICE, TALIPPARAMBU,
POST -TALIPPARAMBU, KANNUR DISTRICT PIN 670 141
4 VILLAGE OFFICER
KOLACHERI, POST -KOLACHERI, KANNUR DISTRICT PIN 670 601
5 K.P.RAMAVATHI
REVATHY NIVAS, POST-KOLACHERI, KANNUR DISTRICT PIN 670 601
6 K.P.VALSALA KUMARI
SARITHA NIVAS, POST-KOLACHERI, KANNUR DISTRICT PIN 670 601
BY ADVS.
K.R.AVINASH (KUNNATH)
ABDUL RAOOF PALLIPATH
SMT. V. DEEPA. V. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7737 OF 2021
2
T.R.RAVI, J.
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WP(C) No.7737 OF 2021
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Dated this the 06th day of July, 2022
JUDGMENT
District Collector, Kannur is suo motu impleaded as additional 7th respondent in the writ petition. Government Pleader takes notice for the additional 7th respondent.
2. The petitioner claims to be the owner of an extent of 12 acres in Re.Sy.No.41/135/4 of Kolacheri desom and in Re.Sy.No.8/1 and Re.Sy.No.8/2 of Perumacheri desom. Ext.P1 series is the basic tax receipts till the year 2017. According to the petitioner, when tax was paid for subsequent years, the 4 th respondent refused to receive the tax for the property to an extent of 0.3660 hectors in Re.Sy.No.8/2 of Perumacheri desom. Ext.P2 application made before the 3rd respondent was rejected by way of Ext.P3 order. The petitioner preferred Ext.P4 appeal before the 2nd respondent which is now stated to be pending before the additional 7th respondent.
3. In the above circumstances, the writ petition is disposed of directing the additional 7th respondent to take up WP(C) NO. 7737 OF 2021 3 Ext.P4 appeal and dispose of the same after affording an opportunity of hearing to the petitioner and respondents 5 and
6. Orders shall be passed untrammeled by the observations contained in Ext.P7 report. Necessary orders shall be issued within three months from the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI JUDGE sn WP(C) NO. 7737 OF 2021 4 APPENDIX OF WP(C) 7737/2021 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE RECEIPT FOR PAYMENT OF BASIC TAX BY THE PETITIONER EXHIBIT P1 (A) TRUE COPY OF THE RECEIPT FOR PAYMENT OF BASIC TAX BY THE PETITIONER EXHIBIT P1 (B) TRUE COPY OF THE RECEIPT FOR PAYMENT OF BASIC TAX BY THE PETITIONER EXHIBIT P2 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 26.2.2019 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 4/11/2019 BY THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE APPEAL NO.E8211/2019 FILED BEFORE THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE STAY PETITION FILED BEFORE THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR REVENUE DATED 10/6/2019 EXHIBIT P7 TRUE COPY OF THE CONSEQUENT REPORT DATED 21.12.2020 RESPONDENT'S EXHIBITS : NIL //TRUE COPY// PA TO JUDGE