M.M.Sasidhara Menon vs The District Collector
2021 Latest Caselaw 20857 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                       WP(C) NO. 19872 OF 2021
PETITIONER:

          M.M.SASIDHARA MENON,
          AGED 66 YEARS
          S/O.ACHUTHA PANIKKAR, SANTHI BHAVAN, KOMMERI, KOZHIKODE
          DISTRICT.

          BY ADV K.RAKESH



RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          COLLECTORATE, UP HILL, MALAPPURAM, MALAPPURAM DISTRICT,
          PIN-676 505.

    2     THE DISTRICT SURVEY SUPERINTENDENT,
          OFFICE OF THE DISTRICT SURVEY SUPERINTENDENT,
          COLLECTORATE, UP HILL, MALAPPURAM, MALAPPURAM DISTRICT,
          PIN-676 505.

    3     THE TAHASILDAR (LR),
          TALUK OFFICE, KONDOTTY, MALAPPURAM DISTRICT, PIN-673
          638.

    4     THE TALUK SURVEYOR,
          TALUK OFFICE, KONDOTTY, MALAPPURAM DISTRICT, PIN-673
          638.

    5     THE VILLAGE OFFICER, VAZHAYUR VILLAGE,
          MALAPPURAM DISTRICT, PIN-673 633.



          SMT. SURYA BINOY- SR. G.P




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19872 OF 2021
                                     2



                               JUDGMENT

The petitioner says that he is the owner of a property covered

by Ext.P2 Purchase Certificate, but that the tax thereon has not

been allowed to be remitted by him by the Village Officer, merely

saying that it requires a fresh survey.

2. However, when this matter was called today, the

learned counsel for the petitioner - Sri.K.Rakesh, submitted that

land tax on the property in question has already been accepted and

that what remain is only the re-survey.

3. The learned Government Pleader submitted that the

petitioner's request for resurvey of the property could have been

acceded to, but that Ext.P3 is not in its proper form.

4. On hearing the learned Government Pleader as afore,

Sri.K.Rakesh - learned counsel for the petitioner, submitted that

his client will prefer a fresh Form No.8 application before the

competent Authority within the next two weeks and prayed that

same, along with Ext.P4 request, be directed to be considered and WP(C) NO. 19872 OF 2021

necessary action taken thereon, without any further delay.

Taking note of the afore submissions, I order this writ

petition, granting liberty to the petitioner to prefer a proper Form

No.8 application before the competent Authority, within a period

of three weeks from today; in which event, said Authority will

consider it, along with Ext.P4 request and dispose of the same,

thus culminating in necessary action thereon, as expeditiously as

is possible, but not later than four months from the date on which

said application is received by him.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/06/10/2021 WP(C) NO. 19872 OF 2021

APPENDIX OF WP(C) 19872/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT PERTAINING TO THE PROPERTY EARLIER ISSUED FROM THE OFFICE OF THE VILLAGE OFFICER, VAZHAYUR DATED 08.05.2017.

Exhibit P2 TRUE COPY OF THE PURCHASE CERTIFICATE PERTAINING TO THE PROPERTY ISSUED FROM MANJERI LAND TRIBUNAL DATED 05.04.2006.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 19.10.2020 SUBMITTED BY THE PETITIONER IN FORM NO.8.

Exhibit P4 TRUE COPY OF THE REQUEST SO SENT BY THE PETITIONER TO THE 4TH RESPONDENT DATED 27.03.2021.