Kerala High Court
Devassy vs State Of Kerala on 30 July, 2021
WP(C) NO. 10887 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
WP(C) NO. 10887 OF 2021
PETITIONER/S:
DEVASSY,
AGED 65 YEARS,
S/O. JOSEPH, MALIEKKAL HOUSE, ANGAMALY P.O,
PIN-683 572.
BY ADVS.
MOHAN JACOB GEORGE
SMT.P.V.PARVATHY (P-41)
SMT.REENA THOMAS
SMT.NIGI GEORGE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 039.
2 DISTRICT COLLECTOR,
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN-682 030.
3 TAHSILDAR,
ALUVA TALUK OFFICE, CIVIL STATION ROAD, ALUVA-683
101.
4 VILLAGE OFFICER,
ANGAMALY VILLAGE OFFICE, ANGAMALY MANJAPRA ROAD,
ANGAMALY, PIN-683 572.
5 SMT. T.V. JAYASREE,
E129FACT HOUSING SOCIETY, UDYOPGAMANDAL P.O, ELOOR,
PIN-683 501.
6 SMT. MERINA SIMON,
MALIYIL VEEDU, MUTHIRAPADAM, ANGEL ROAD,
THAIKKATTUKARA P.O, ALUVA-683 106.
WP(C) NO. 10887 OF 2021 2
*7 ADDL R7:
THE TAHSILDAR(LR),
ALUVA.
* ADDITIONAL 7TH RESPONDENT IS SUO MOTU IMPLEADED AS
PER JUDGMENT DATED 30.07.2021.
SMT K AMMINIKUTTY, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 10887 OF 2021 3
JUDGMENT
The petitioner states that he is the absolute owner in title and
possession of property having an extent of 2.43 Ares in Re-Sy.No.379/2-4
(Old Sy.No.197/4) of Angamali village. The aforesaid property was purchased
by the petitioner from respondents 5 and 6 on the cover of Ext.P1 sale deed.
He contends that he has effected mutation in his favour and has been
remitting tax which fact is evident from Exts.P2, P2(a) and P2(b). His
grievance is that when the petitioner approached the 4th respondent to remit
tax for the year 2020, his request was refused. Later, he approached the 3rd
respondent and filed Ext.P3 petition. However, no action was taken. It is in
the afore circumstances that the petitioner is before this Court seeking
directions to the 3rd respondent to consider and pass final orders in Ext.P3
application and further to allow the petitioner to pay tax in continuation to
Ext.P2 series receipts.
2. Sri. Mohan Jacob George, the learned counsel appearing for the
petitioner submitted that the petitioner would be satisfied if the concerned
respondent is directed to take up Ext.P3 representation and take a decision
in an expeditious manner.
3. The learned Government Pleader on instructions submits that it
is for the Tahasildar (L.R.), Aluva to consider the representation and take
necessary action.
4. The Tahsildar (L.R.), Aluva, is suo motu impleaded as additional
7th respondent. The Registry shall make necessary corrections to the cause
title. The learned Government Pleader shall take notice. In view of the order
that I propose to pass, notice to the respondents 5 and 6 are dispensed with.
5. Having regard to the facts and circumstances and the
submissions made across the Bar, this writ petition is disposed of directing
the 3rd respondent to forward Ext.P3 representation submitted by the
petitioner to the additional 7th respondent within a period of ten days from
the date of receipt of a copy of this judgment. The additional 7th respondent
shall then consider Ext.P3 representation with notice to the petitioner and the
respondents 5 and 6 and other affected parties, if any, and take a decision
expeditiously, in any event, within a period of two months from the date of
production of a copy of this judgment.
The petitioners shall produce a copy of the writ petition along with this
judgment before the additional 7th respondent to ensure compliance.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sru
APPENDIX OF WP(C) 10887/2021
PETITIONER(S) EXHIBITS:
EXHIBIT P1 COPY OF SALE DEED NO. 2105/1/2014 DATED
23.05.2014 OF ANGAMALY SRO.
EXHIBIT P2 COPY OF TAX RECEIPT DATED 20.04.2017.
EXHIBIT P2(A) COPY OF TAX RECEIPT DATED 29.01.2018.
EXHIBIT P2(B) COPY OF TAX RECEIPT DATED 22.05.2019.
EXHIBIT P3 COPY OF PETITION DATED 27.05.2020
SUBMITTED BY THE PETITIONER BEFORE THE
TAHSILDAR, ALUVA.
EXHIBIT P4 COPY OF NOTICE DATED 19.01.2021 OF THE
TAHSILDAR, ALUVA.
EXHIBIT P5 COPY OF THE PETITION DATED 12.03.2021
SUBMITTED BY THE PETITIONER BEFORE THE
SECOND RESPONDENT.
EXHIBIT P6 COPY OF THE COMMUNICATION DATED 19.03.2021
OF THE 3RD RESPONDENT.
EXHIBIT P7 COPY OF THE COMMUNICATION DATED 08.04.2021
FURNISHING THE CORRECT ADDRESS OF
RESPONDENTS 5 AND 6 TO THE 3RD RESPONDENT.
EXHIBIT P7(A) COPY OF THE RECEIPT DATED 08.04.2021
ISSUED FROM THE OFFICE OF THE 3RD
RESPONDENT.
RESPONDENT(S) EXHIBITS: NIL
