Vava Mariyam vs The Tahsildar

Kerala High Court

Vava Mariyam vs The Tahsildar on 23 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) No.18324/2024                        1/3                         Order Date : 23-05-2024

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
              Thursday, the 23rd day of May 2024 / 2nd Jyaishta, 1946
                              WP(C) NO. 18324 OF 2024
   PETITIONERS:

      1. VAVA MARIYAM, AGED 35 YEARS, D/O SIDDIQUE HAJI, RESIDING AT "NOOR
         MAHAL", KOVOOR DESAM, NELLIKODE VILLAGE, MEDICAL COLLEGE P.O.,
         KOZHIKODE-673 008, REPRESENTED BY HER POWER OF ATTORNEY HOLDER B.P.
         SIDDIQUE HAJI, AGED 70 YEARS, S/O MOOLADATH MOHAMMED HAJI, NOOR
         MAHAL, KOVOOR DESAM, NELLIKODE VILLAGE MEDICAL COLLEGE P.O.,
         KOZHIKODE, PIN - 673008
      2. FATHIMA NOOR, AGED 29 YEARS, D/O. SIDDIQUE HAJI, RESIDING AT "NOOR
         MAHAL", KOVOOR DESAM, NELLIKODE VILLAGE, MEDICAL COLLEGE P.O.,
         KOZHIKODE-673 008, REPRESENTED BY HER POWER OF ATTORNEY HOLDER B.P.
         SIDDIQUE HAJI, AGED 70 YEARS, S/O MOOLADATH MOHAMMED HAJI, NOOR
         MAHAL, KOVOOR DESAM, NELLIKODE VILLAGE MEDICAL COLLEGE P.O.,
         KOZHIKODE, PIN - 673008

   RESPONDENT:

          THE TAHSILDAR, TALUK OFFICE, WAYANAD ROAD, CIVIL STATION,
          ERANHIPPALAM, KOZHIKODE, PIN-673020.


        Writ Petition (Civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay the operation of Exhibits P10, P12 and P13 orders and all
   further proceedings pursuant thereto, pending disposal of the writ
   petition.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.GEORGE POONTHOTTAM (SENIOR.) Advocate along with NISHA
   GEORGE, Advocates for the petitioners, the court passed the following:
 WP(C) No.18324/2024                         2/3                      Order Date : 23-05-2024




                             MURALI PURUSHOTHAMAN, J.
                        ---------------------------------------------
                               W.P.(C) No. 18324 OF 2024
                      -------------------------------------------------
                           Dated this the 23rd day of May, 2024

                                         ORDER

Admit. The learned Government Pleader takes notice for the respondent.

There will be a stay of operation of Exts.P10, P12 and Ext.P13 and all further proceedings pursuant thereto on condition that the petitioners pay the building tax quantified based on the total plinth area of the apartments individually owned by them, and standing in their name in the building. To enable the petitioners to do so, the respondent shall furnish a revised calculation of the building tax payable as above. The payment of tax as above shall be provisional, and subject to the outcome of the writ petition.

Post on 28.06.2024.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-.

WP(C) No.18324/2024 3/3 Order Date : 23-05-2024 APPENDIX OF WP(C) 18324/2024 Exhibit -P1 TRUE COPY OF SETTLEMENT DEED NO. 2060/2013 OF SRO, CHEVAYOOR DATED 31.05.2013 EXECUTED BY THE MR. SIDDIQUE HAJI IN FAVOUR OF MR. M. MUHAMMED, MS. AYSHA BEEGAM AND THE PETITIONERS Exhibit-P2 TRUE COPY OF THE LAND OWNERS AGREEMENT DATED 14.06.2013 Exhibit -P3 TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE KOZHIKODE CORPORATION DATED 01.04.2019 Exhibit -P4 TRUE COPY OF THE GIFT DEED NO. 2084/2019 OF SRO CHEVAYOOR EXECUTED IN FAVOUR OF THE 1ST PETITIONER AS REGARDS APARTMENT NO.7B Exhibit -P5 TRUE COPY OF THE GIFT DEED NO. 2087/2019 OF SRO CHEVAYOOR EXECUTED IN FAVOUR OF THE 1ST PETITIONER AS REGARDS APARTMENT NO. 7A Exhibit -P6 TRUE COPY OF THE GIFT DEED NO. 2083/2019 OF SRO CHEVAYOOR EXECUTED IN FAVOUR OF THE 2ND PETITIONER AS REGARDS APARTMENT NO.7C Exhibit-P7 TRUE COPY OF THE GIFT DEED NOS. 2085/2019 OF SRO CHEVAYOOR EXECUTED IN FAVOUR OF THE 2ND PETITIONER AS REGARDS APARTMENT NO.1D Exhibit-P8 TRUE COPY OF THE GIFT DEED NO.2086/2019 DATED 05.08.2019 EXECUTED IN FAVOUR OF MR. M. MUHAMMED AS REGARDS APARTMENT NO.7D Exhibit-P9 TRUE COPY OF THE GIFT DEED NO. 2088/2019 OF SRO CHEVAYOOR EXECUTED IN FAVOUR OF THE MS.AYSHA BEEGAM AS REGARDS APARTMENT NO.2D Exhibit -P10 TRUE COPY OF THE ORDER NO. C5/1940/20 DATED 30.01.2024 ISSUED BY THE TAHSILDAR, KOZHIKKODE Exhibit -P10(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P10 Exhibit -P11 TRUE COPY OF THE NOTICE DATED 20.02.2024 ISSUED BY THE RESPONDENT TO MR.SIDDIQUE HAJI Exhibit-P11(a) TRUE ENGLISH TRANSLATION OF EXHIBIT-P11 Exhibit-P12 TRUE COPY OF THE ORDER NO.CS/1940/20 DATED 15.03.2024 ISSUED BY THE RESPONDENT Exhibit -P12(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P12 Exhibit-P13 TRUE COPY OF THE ORDER OF ASSESSMENT UNDER FORM V PASSED BY THE RESPONDENT ASSESSING AUTHORITY DATED 18.03.2024 Exhibit-P14 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 12921/2024 DATED 01.04.2024 PASSED BY THIS HON'BLE COURT Exhibit-P15 TRUE COPY OF THE INTERIM ORDER DATED 12.04.2024 IN W.A.NO. 567/2024 PASSED BY THIS HON'BLE COURT