Citation : 2021 Latest Caselaw 19902 Ker
Judgement Date : 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
WP(C) NO. 18652 OF 2021
PETITIONER:
KRISHNAKUMAR L
AGED 54 YEARS
RESIDING AT CHAMA PAZHANJIVILA, PUTHEN VEEDU,
KANJIRAMKULAM P.O, THIRUVANANTHAPURAM 695 524
BY ADV JOSEPH T.JOHN
RESPONDENTS:
1 THE THAHISLDAR
TALUK OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM
695 121
2 THE VILLAGE OFFICER
KANJIRAMKULAM VILLAGE, THIRUVANANTHAPURAM 695 524
3 MALLIKA
PUTHENVEEDU, THOTTAVARAM, KODITHOTTATHU,
PERUMKIDAVILA VILLAGE, THIRUVANANTHAPURAM
DISTRICT 695 124
SRI. HANIL KUMAR - SPL.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)No.18652/2021 2
DEVAN RAMACHANDRAN, J.
===========================
WP(c)No.18652 of 2021
===========================
Dated this the 23rd day of September, 2021
JUDGMENT
The petitioner has approached this Court with a singular plea that
the second respondent be directed to take up his Exts.P2 and P4
requests for Transfer of Registry of the property covered by Ext.P1 and
for permission to remit land tax thereon. The petitioner says that even
though his application has been pending for a long time now, no action
has been taken by the competent Authorities, which has constrained him
to approach this Court through this writ petition.
2. In response, the learned Special Government Pleader -
Sri.Hanilkumar submitted that requisite action on Exts.P2 and P4
requests have already been commenced by the first and second
respondents respectively and that it will be concluded without any
inordinate delay. He prays that this writ petition be ordered allowing the
said respondents to do so.
3. On a consideration of the aforesaid submissions, it is
indubitable that the petitioner's request for Transfer of Registry is
pending before the first respondent Tahsildar; while his request for
remittance of land tax is pending before the second respondent - Village
Officer. It is only if the Transfer of Registry is completed, can the
remittance of land tax be accomplished.
4. In the above circumstances, I direct the first respondent to
take up Ext.P2 application of the petitioner and dispose it of, after
affording him an opportunity of being heard; thus culminating in an
appropriate order thereon as expeditiously as possible, but not later than
one month from the date of receipt of copy of this judgment.
Needless to say, depending upon the decision to be taken on
Ext.P2, the petitioner is at liberty to approach the second respondent -
Village Officer for remittance of the land tax on the property, which shall
be allowed, without causing any avoidable delay.
Writ petition is ordered accordingly.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
lgk
APPENDIX OF WP(C) 18652/2021
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE WILL DATED 5-11-2007 Exhibit P2 TRUE COPY OF THE APPLICATION DATED NIL BEFORE THE VILLAGE OFFICER, KANJIRAMKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT Exhibit P3 TRUE COPY OF THE PROCEEDING DATED 14-12-
2020 ISSUED BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE OBJECTION DATED 22-12-
2020 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE VILLAGE OFFICER Exhibit P5 TRUE COPY OF THE RELEVANT PORTION OF W.P(C0 NO. 13011/2021 DATED 9-4-2021 BEFORE THE HON'BLE HIGH COURT OF KERALA.
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