Dibin M.V vs Tahsildar
2021 Latest Caselaw 22470 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                       WP(C) NO. 24523 OF 2021
PETITIONER:

          DIBIN M.V., AGED 34 YEARS
          S/O. VALSAN, RESIDING AT MALIACKAL, PERUMBAVOOR P.O,
          ERNAKULAM 683 542

          SRI.C.HARIKUMAR
          SMT.SANDRA SUNNY
          SRI.ARUN KUMAR M.A



RESPONDENTS:

    1     TAHSILDAR, CHAVAKKAD TALUK OFFICE, VANJIKADAVU ROAD,
          CHAVAKKAD THRISSUR - 680 506

    2     THE VILLAGE OFFICER, VILLAGE OFFICE, VALAPAD NO 285 C,
          CIVIL STATION TRIPRAYAR, VALAPAD, THRISSUR 680 567

          SMT RESHMITHA RAMACHANDRAN - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24523 OF 2021
                               2


                           JUDGMENT

The petitioner says that even though he preferred

Ext.P2 application before the second respondent - Village

Officer seeking permission to remit land tax with respect to

his property comprised of 1.62 Ares in Re.Sy.No.597/3 of the

Valapad Village, no action has been taken thereon until now.

He says that the only objection appears to have been raised

by the second respondent in acceding to his request is that

there is a civil case pending with respect to the property, but

that, as of today, the same has been disposed of in his favour.

He says that if Ext.P2 is properly considered, he will be able

to convince the second respondent about the bona fides of

his claim.

2. The learned Senior Government Pleader, Smt.Surya

Binoy, submitted that if the petitioner only requires Ext.P2 to

be taken up and disposed of by the second respondent -

Village Officer, there does not appear to be any legal

impediment in doing so; but prayed that this Court may not

make any affirmative declarations as to the entitlement of

the petitioner to any relief and leave it to the competent WP(C) NO. 24523 OF 2021

Authority to take a decision on it in terms of law.

Taking note of the afore submissions, I order this writ

petition and direct the second respondent to take up Ext.P2

application of the petitioner and dispose of the same, after

affording him an opportunity of being heard; thus

culminating in an appropriate order and necessary action

thereon, as expeditiously as is possible, but not later than

three weeks from the date of receipt of a copy of this

judgment.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 24523 OF 2021

APPENDIX OF WP(C) 24523/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE SALE DEED NO.2587/2008 DATED 06-09-2008

Exhibit P2 THE TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 04-03-2021

Exhibit P3 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY THE SUB REGISTRAR OFFICE, THRIPRAYAR DATED 26-02-2021