Citation : 2021 Latest Caselaw 14269 Ker
Judgement Date : 8 July, 2021
WP(C) NO. 17315 OF 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
WP(C) NO. 17315 OF 2020
PETITIONER/S:
SHIHABUDEEN,
AGED 38 YEARS,
S/O CHUKKAN ISMAEL, KARIYATTIL (HOUSE) ABDURAHIMAN NAGAR
(A.R. NAGAR), MAMBURAM (PO), MALAPPURAM, PIN-676 306,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER AKBAR ALI,
AGED 41 YEARS, S/O ALAVIKUTTY, PANDAMKAVIL (HOUSE),
AREEKODE, MAMBURAM (PO), TIRURANGADY (VIA) MALAPPURAM.
BY ADV JESWIN P.VARGHESE
RESPONDENT/S:
1 THE VILLAGE OFFICER,
ABDURAHIMAN NAGAR (A.R. NAGAR ), VILLAGE OFFICE,
MAMBURAM (PO) MALAPPURAM PIN 676 306.
2 THE ADDL TAHSILDAR,
TIRURANGADI TALUK, TALUK OFFICE, TIRURANGADI (PO)
MALAPPURAM DISTRICT, PIN-676 303.
3 THE TAHSILDAR (LAND RECORDS),
TIRURANGADI TALUK, TALUK OFFICE, TIRURANGADI (PO)
MALAPPURAM DISTRICT, PIN-676 303.
4 THE DISTRICT COLLECTOR,
CIVIL STATION, MALAPPURAM CIVIL STATION (PO), MALAPPURAM
DISTRICT, PIN-676 505.
WP(C) NO. 17315 OF 2020 2
SMT K AMMINIKUTTY, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17315 OF 2020 3
JUDGMENT
The petitioner is stated to have filed Ext.P10 application before the 1st
respondent requesting him to permit him to remit land tax in respect of
property having an extent of 18.210 Ares falling in Sy. No. 61/1A1 of
Abdurahiman Nagar Village. The prayer in this writ petition is for a direction
to the 1st respondent to expedite the consideration of Ext.P10 and to receive
land tax and issue receipts.
2. The learned Government Pleader on instructions submitted that on
receipt of Ext.P10 application, a report has been submitted before the 3rd
respondent and the same is pending consideration of the said authority. It is
submitted that the proceedings can be finalized within a period of two
months.
3. Having considered the facts and circumstances and the submissions
made across the bar, this writ petition is disposed of directing the
respondents 1 and 3 to take all necessary steps to finalize the proceedings
initiated on the basis of Ext.P10 with notice to the petitioner and affected
parties, if any, expeditiously, in any event, within a period of two months
from the date of production of a copy of this judgment.
Petitioner shall produce a copy of the writ petition along with this
judgment before the 3rd respondent to ensure compliance.
SD/-
RAJA VIJAYARAGHAVAN V, JUDGE
IAP
APPENDIX OF WP(C) 17315/2020
PETITIONER(S) EXHIBITS:
EXHIBIT P1 A TRUE COPY OF SALE DEED REGISTERED AS DOCUMENT NO 1146/1998 OF SRO, THIRURANGADI DATED 15.5.1998.
EXHIBIT P2 A TRUE COPY OF SALE DEED REGISTERED AS DOCUMENT NO 288/2000 OF SRO, THIRURANGADI DATED 28.1.2000.
EXHIBIT P3 A TRUE COPY OF BASIC LAND TAX RECEIPT NO 1439536 ISSUED BY THE 1ST RESPONDENT DATED 18.12.2017.
EXHIBIT P4 A TRUE COPY OF THANDAPPER ACCOUNT NO 8071 ISSUED BY 1ST RESPONDENT WITH RESPECT TO THE PROPERTY DESCRIBED IN EXT P2 SALE DEED AND ISSUED IN FAVOR OF KUNJALI DATED 6.1.2018.
EXHIBIT P5 A TRUE COPY OF SALE DEED REGISTERED AS DOCUMENT NO 269/2018 OF SRO, VENGARA DATED 20.1.2018.
EXHIBIT P6 A TRUE COPY CERTIFICATE OF ENCUMBRANCE ON PROPERTY NO 5302/2018 DATED 5.10.2018.
EXHIBIT P7 A TRUE COPY OF THE APPLICATION (FORM 10) SUBMITTED TO TALUK SURVEYOR, TIRURANGADI TALUK U/S 10 OF KERALA SURVEY & BOUNDARIES ACT DATED 30.8.2019.
EXHIBIT P8 A TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WPC NO 28102/2019 DATED 23.10.2019.
EXHIBIT P9 A TRUE COPY OF NOTICE NO K9-12325/19 ISSUED BY 3RD RESPONDENT DATED 6.1.2020.
EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.7.2020.
RESPONDENT(S) EXHIBITS: NIL
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