Citation : 2021 Latest Caselaw 17191 Ker
Judgement Date : 13 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
WP(C) NO. 11205 OF 2021
PETITIONERS:
1 N.DHANALEKSHMI @ DHANALEKSHMI AMMAL
AGED 84 YEARS,W/O. K.P.RAMASWAMI CHETTIAR,
MOOPUPARAMBU, KAVASSERY, ALATHUR-678 543.
2 K.R.MURUKESAN,AGED 50 YEARS,S/O. K.P.RAMASWAMI
CHETTIAR, MOOPUPARAMBU, KAVASSERY, ALATHUR-678 543.
BY ADV K.I.SAGEER
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, PALAKKAD-680 001.
2 TAHASILDAR,ALATHUR TALUK, TALUK OFFICE, ALATHUR-678
543.
3 VILLAGE OFFICE,ALATHUR VILLAGE, ALATHUR,
PALAKKAD DISTRICT-678 543.
GP SRI.P.S.APPU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11205 OF 2021
2
JUDGMENT
The petitioners confine their relief for an
expeditious consideration of Ext P7 and P8
applications submitted by them before the 2 nd
respondent for assessment of tax in terms of Section
6 of the Kerala Land Tax Act.
2. The properties in question were purchased by
them as per Exts P1 and P2 sale deeds. The
predecessor in interest of the petitioner had
secured order for conversion under Clause 6 of the
Kerala Land Utilization Order, a copy of which has
been produced as Ext P5. In view thereof, Exts P7
and P8 applications are liable to be considered and
orders passed without requiring the petitioners to
move under Section 27A of the Kerala Conservation of
Paddyland and Wetland Act, 2008(for short, 'the
Act').
Accordingly, the writ petition is disposed of
directing the 2nd respondent to consider and pass WP(C) NO. 11205 OF 2021
orders on Exts P7 and P8 and pass orders thereon,
after ascertaining the identity of the properties
involved in the proceedings, as expeditiously as
possible and at any rate within a period of two
months from the date of receipt of a copy of this
judgment.
Sd/-
SATHISH NINAN JUDGE vdv WP(C) NO. 11205 OF 2021
APPENDIX OF WP(C) 11205/2021
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE SALE DEED BEARING NO.2794/2011 DATED 8.6.2011 OF SRO, ALATHUR EXECUTED BY MANOJ BHASKARAN IN FAVOUR OF THE IST PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE SALE DEED BEARING NO.2795/2011 DATED 8.6.2011 OF SRO, ALATHUR EXECUTED BY MANOJ BHASKARAN IN FAVOUR OF THE 2ND PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE PARTITION DEED NO.1200/2009 OF SRO, ALATHUR DATED 19.3.2009.
EXHIBIT P4 A TRUE COPY OF THE JUDGEMENT DATED 23.8.2006 IN WPC NO.16194/2006 OF THIS HON'BLE COURT.
EXHIBIT P5 A TRUE COPY OF THE ORDER, D.DIS.
M.3293/06 DATED 26.9.2006 ISSUED BY THE IST RESPONDENT TO BHASKARAN NAIR.
EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.
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