Varghese Chacko vs The District Collector

Kerala High Court

Varghese Chacko vs The District Collector on 21 May, 2024

Author: A. Muhamed Mustaque

Bench: A.Muhamed Mustaque

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
               THE HONOURABLE MR. JUSTICE S.MANU
 TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                    WP(C) NO. 14157 OF 2020
PETITIONERS:

    1       VARGHESE CHACKO, AGED 64 YEARS, ACHANARIL LAKE
            VIEW, CHILAVANOOR ROAD, KADAVANTHARA KOCHI-682
            020.

    2       BEENA CHACKO, ACHANARIL LAKE VIEW, CHILAVANOOR
            ROAD, KADAVANTHARA KOCHI-682 020.

           BY ADVS.
           P.RAMAKRISHNAN
           SMT.PREETHI RAMAKRISHNAN
           SRI.T.C.KRISHNA
           SRI.C.ANIL KUMAR
           SMT.ASHA K.SHENOY
           SRI.PRATAP ABRAHAM VARGHESE



RESPONDENTS:

    1       THE DISTRICT COLLECTOR
            IDUKKI, PAINAVU PO., IDUKKI-685 603.

    2       THE TAHSILDAR (LR)
            UDUMBANCHOLA AT NEDUMKANDAM IDUKKI-685 553.

    3       THE VILLAGE OFFICER,
            CHINNAKKANAL, CHINNAKANAL P.O., IDUKKI-685 618.

            S. RENJITH   SPL. GOVERNMENT PLEADER


        THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.14157 of 2020

                               ..2..




                   JUDGMENT

A. Muhamed Mustaque, J.

The petitioners have approached this Court as the revenue authorities refused to accept the basic tax in respect of their land claimed to be in possession and enjoyment comprised in Sy.No.532 (Re.sy.no.33/7), Block 6 of Chinnakanal Village. The petitioners claimed that they obtained the title of the property as per registered deed and remitted tax till 2018. The petitioners also approached the District Collector by Ext.P7 representation.

2. Having considered the facts and circumstances, we deem it fit to direct the District Collector to consider and pass orders on the request made by the petitioners within a period of three months after conducting necessary enquiry as to the patta and other title deed. Based on the out come of such enquiry, the request for acceptance of tax shall be accepted or rejected.

3. We make it clear that the petitioners shall be heard W.P.(C)No.14157 of 2020 ..3..

before passing such orders.

This writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

S.MANU JUDGE PR W.P.(C)No.14157 of 2020 ..4..

APPENDIX OF WP(C) 14157/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF DOCUMENT NO.1014 OF 2018 DATED 7/6/18 OF RAJAKUMARI SUB REGISTRY.

EXHIBIT P2 TRUE COPY OF DOCUMENT NO.1013 OF 2018 DATED 7/6/18 OF RAJAKUMARI SUB REGISTRY.

EXHIBIT P3 TRUE COPY OF LAND TAX RECEIPT DATED 6/10/18 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF LAND TAX RECEIPT DATED 6/10/18 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF CIRCULAR DATED 5/12/17 ISSUED BY THE GOVT OF KERALA.

EXHIBIT P6 TRUE COPY OF CIRCULAR DATED 31/1/20 ISSUED BY THE GOVT EXHIBIT P7 TRUE COPY OF DOCUMENT NO.1014/18 DATED 7/6/18 OF RAJAKUMARI SUB REGISTRY.