Kerala High Court
Sarat Chandra Kumar vs State Of Kerala on 5 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 12697 OF 2024
PETITIONER/S:
SARAT CHANDRA KUMAR
AGED 80 YEARS, AMEYA, MUNDOK,
MAHE, PIN - 673310.
BY ADV K.P.BALASUBRAMANYAN
RESPONDENT/S:
1 STATE OF KERALA
REP. BY ITS CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 DISTRICT COLLECTOR
DISTRICT COLLECTOR OFFICE, KOZHIKODE
COLLECTORATE, CIVIL STATION P.O,
KOZHIKODE, PIN - 673 020.
3 THE TAHSILDAR
VADAKARA TALUK OFFICE, VADAKARA MINI CIVIL
STATION, COURT ROAD, VATAKARA, PIN - 673 101.
4 THE VILLAGE OFFICER
VADAKARA VILLAGE OFFICE, BADAGARA,
VADAKARA, PIN - 673 104.
5 NAVAS
AGED 55 YEARS, S/O. KUNHABDULLA HAJI,
VALEKKATIL, PUTHUR, VADAKARA, KAYAKKODI,
KOZHIKODE, PIN - 673 519.
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.12697 OF 2024
2
P.V. KUNHIKRISHNAN, J.
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W.P.(C).No. 12697 of 2024
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Dated this the 5th day of April, 2024
JUDGMENT
This writ petition is filed with following prayers;-
"i) Issue a writ of mandamus or any other writ, order or direction commanding the 4th respondent, Village Officer, Vadakara to receive the land revenue of the property in question for the year 2022-23 and continue to receive for the subsequent years also from the petitioner;
ii) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.".
[SIC]
2. The grievance of the petitioner is that the respondents are not accepting land tax. The petitioner has already submitted Ext.P10 representation before the 2 nd respondent. If that is the case, there can be a direction to the 2nd respondent to consider Ext.P10.
3. Heard the learned Government Pleader also. WP(C) NO.12697 OF 2024 3
4. After hearing both sides, I think that the prayer can be disposed of.
Therefore, this writ petition is disposed of with following directions.
I. The 2nd respondent is directed to consider and pass appropriate orders in Ext.P10 after giving an opportunity of hearing to the petitioner as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this Judgment.
II. The petitioner shall produce a certified copy of this Judgment along with a copy of the writ petition with exhibits, before the 2nd respondent, for compliance.
Sd/-
P.V. KUNHIKRISHNAN JUDGE S.M.K. WP(C) NO.12697 OF 2024 4 APPENDIX PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE DOCUMENT NO. 2518/51 DATED 27.10.1951 Exhibit P2 THE TRUE COPY OF THE PURCHASE CERTIFICATE NO. 548/1978 DATED 27.02.1978. Exhibit P3 THE TRUE COPY OF THE RECEIPT FOR PAYMENT OF LAND REVENUE FOR THE YEAR 2017-18 DATED 06.07.2017 Exhibit P4 THE TRUE COPY OF THE RECEIPT FOR PAYMENT OF LAND REVENUE FOR THE YEAR 2019-20 DATED 15.05.2019 Exhibit P5 THE TRUE COPY OF THE RECEIPT FOR PAYMENT OF LAND REVENUE FOR THE YEAR 2021-22 DATED 23.11.2021 Exhibit P6 THE TRUE COPY OF THE SAID POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, VATAKARA DATED 17.03.2005 Exhibit P7 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE OF THE PROPERTY UNDER REFERENCE FOR THE PERIOD BETWEEN 01.01.2009 AND 04.02.2023 DATED 06.02.2023 Exhibit P8 THE TRUE COPY OF THE REPRESENTATION TO THE TAHSILDAR, VADAKARA DATED 17.10.2022 Exhibit P9 THE TRUE COPY OF THE REPORT DATED 25.04.2023 Exhibit P10 THE TRUE COPY OF THE REPRESENTATION TO THE DISTRICT COLLECTOR, KOZHIKODE DATED 21.09.2023 Exhibit P11 THE TRUE COPY OF THE REMINDER LETTER TO THE DISTRICT COLLECTOR, KOZHIKODE DATED 29.11.2023 Exhibit P12 THE TRUE COPY OF THE REMINDER LETTER TO THE DISTRICT COLLECTOR, KOZHIKODE DATED 26.10.2023