Joy Alukkas @ Alukkas Varghese Joy vs The Thahasildar
2021 Latest Caselaw 19500 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                       WP(C) NO. 17891 OF 2021
PETITIONER:

          JOY ALUKKAS @ ALUKKAS VARGHESE JOY, AGED 64 YEARS,
          S/O.LATE VARGHESE, FORMERLY RESIDING AT HOUSE NO.12/368
          OF THRISSUR CORPORATION, ALUKKAS HOUSE, AVENUE ROAD,
          CHELLAKKOTTUKARA DESOM, CHIYYARAM VILLAGE, THRISSUR
          TALUK, THRISSUR DISTRICT AND NOW RESIDING AT JOY
          ALUKKAS MANSION, ALUKKAS HOUSE, SOBHA CITY, PUZHAKKAL
          DESOM, PUZHAKKAL P.O., PUZHAKKAL VILLAGE, THRISSUR
          TALUK, THRISSUR DISTRICT.

          BY ADVS.P.M.ZIRAJ
          IRFAN ZIRAJ


RESPONDENTS:

    1     THE THAHASILDAR, THRISSUR TALUK,
          THRISSUR DISTRICT, PIN - 680 020.

    2     THE REVENUE DIVISIONAL OFFICER (R.D.O.)
          THRISSUR, THRISSUR DISTRICT, PIN - 680 003.

    3     THE DISTRICT COLLECTOR,
          CIVIL STATION, THRISSUR DISTRICT, PIN - 680 003.

    4     THE VILLAGE OFFICER,
          PUZHAKKAL VILLAGE, THRISSUR DISTRICT - 680 553.

    5     THE LOCAL LEVEL MONITORING COMMITTEE (LLMC),
          ADATT GRAMA PANCHAYATH REPRESENTED BY ITS CONVENER,
          AGRICULTURAL OFFICER, KRISHI BHAVAN, ADATT,
          THRISSUR DISTRICT, PIN - 680 551.

          BY ADV.SMT.K.AMMINIKUTTY, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17891 OF 2021
                                     -2-

                               JUDGMENT

The petitioner has approached this Court with

a singular plea that the 1st respondent -

Tahsildar, be directed to take up and dispose of

Ext.P9 application filed by him, under the

provisions of Section 6A of the Kerala Land Tax

Act, 1972.

2. The petitioner says that nature of his

property, as recorded in the Revenue records, is

in error and he relies on Exts.P3 to P7 in

substantiation. The petitioner says that,

therefore, the 1st respondent is now obligated to

consider Ext.P9 application without any further

delay.

3. I have heard Sri.P.M.Ziraj - learned

counsel for the petitioner and the learned Senior

Government Pleader - Smt.K.Amminikutty, appearing

for the official respondents. WP(C) NO. 17891 OF 2021

4. Smt.K.Amminikutty - learned Senior

Government Pleader, submitted that if the

petitioner only requires Ext.P9 to be taken up and

disposed of by the 1st respondent, there does not

appear to be any legal impediment in doing so; but

prayed that this Court may not make any

affirmative declarations in favour of the

petitioner and leave it to the said respondent to

take an appropriate decision thereon, as per law.

5. Smt.K.Amminikutty submitted that she is

making this request because, the petitioner's

assertion regarding the nature of the property

will require to be assessed validly and through a

proper procedure, and that it may not be possible

to make any submission with respect to the same at

this stage.

6. I find substantial force in the

submissions of the learned Senior Government

Pleader and am of the opinion that it will not be WP(C) NO. 17891 OF 2021

proper for this Court to make any affirmative

declarations with respect to the contentions of

the petitioner in this writ petition.

In the afore circumstances, I order this writ

petition and direct the 1st respondent to take up

Ext.P9 application of the petitioner and dispose

it of, after affording him, as also any other

interested person, an opportunity of being heard -

either physically or through video conferencing;

thus culminating in an appropriate decision

thereon, as expeditiously as is possible, but not

later than two months from the date of receipt of

a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 17891 OF 2021

APPENDIX OF WP(C) 17891/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT IN CONNECTION WITH THE PROPERTY OF PETITIONER DATED 30/9/2020 ISSUED BY THE FOURTH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE TITLE DEED NO.769/2011 DATED 3/3/2011, SRO AYYANTHOL.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 5/6/1995 BEARING NO.KDIS-4837/195/D1 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 5/6/1995 BEARING NO.K.DIS.-4841/95/D1 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 14/6/1995 BEARING NO.KDIS-6031/95/D1 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 21/6/19195 BEARING NO.KDIS-7782/95/D1 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 21/6/1995 BEARING NO.K.DIS-6688/95/D1 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE TAX RECEIPT DATED 22/9/2020 ISSUED BY THE SECRETARY ADATT GRAMA PANCHAYATH.

EXHIBIT P9 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER SUBMITTED BEFORE THE FIRST RESPONDENT DATED 23/3/2021.

EXHIBIT P10 TRUE COPY OF THE RECEIPT DATED 23/3/2021 ISSUED FROM THE OFFICE OF WP(C) NO. 17891 OF 2021

FIRST RESPONDENT TOWARDS RECEIPT OF EXHIBIT P8 APPLICATION.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 16/2/2021 IN WPC NO.3950/2021.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE