Kerala High Court
C.K.Dharmadas vs The State Of Kerala on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 7737 OF 2021
PETITIONER:
C.K.DHARMADAS
AGED 70 YEARS, S/O.KRISHNAN,
SAI KRISHNA, PANNIAMPARA ROAD,
PALLIKUNNU AMSOM DESOM, P.O.PALLIKUNNU,
KANNUR DISTRICT PIN 670 004
BY ADVS.
C.VATHSALAN
SRI.K.RAKESH ROSHAN
SMT.THUSHARA.V
RESPONDENTS:
1 THE STATE OF KERALA
REP.BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM PIN 695 001
2 THE REVENUE DIVISIONAL OFFICER
TALIPPARAMBU, POST -TALIPPARAMBU,
KANNUR DISTRICT PIN 670 141
3 THASILDAR
TALUK OFFICE, TALIPPARAMBU,
POST -TALIPPARAMBU, KANNUR DISTRICT PIN 670 141
4 VILLAGE OFFICER
KOLACHERI, POST -KOLACHERI, KANNUR DISTRICT PIN 670 601
5 K.P.RAMAVATHI
REVATHY NIVAS, POST-KOLACHERI, KANNUR DISTRICT PIN 670 601
6 K.P.VALSALA KUMARI
SARITHA NIVAS, POST-KOLACHERI, KANNUR DISTRICT PIN 670 601
BY ADVS.
K.R.AVINASH (KUNNATH)
ABDUL RAOOF PALLIPATH
SMT. V. DEEPA. V. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7737 OF 2021
2
T.R.RAVI, J.
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WP(C) No.7737 OF 2021
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Dated this the 06th day of July, 2022
JUDGMENT
District Collector, Kannur is suo motu impleaded as
additional 7th respondent in the writ petition. Government
Pleader takes notice for the additional 7th respondent.
2. The petitioner claims to be the owner of an extent of
12 acres in Re.Sy.No.41/135/4 of Kolacheri desom and in
Re.Sy.No.8/1 and Re.Sy.No.8/2 of Perumacheri desom. Ext.P1
series is the basic tax receipts till the year 2017. According to
the petitioner, when tax was paid for subsequent years, the 4 th
respondent refused to receive the tax for the property to an
extent of 0.3660 hectors in Re.Sy.No.8/2 of Perumacheri
desom. Ext.P2 application made before the 3rd respondent was
rejected by way of Ext.P3 order. The petitioner preferred
Ext.P4 appeal before the 2nd respondent which is now stated to
be pending before the additional 7th respondent.
3. In the above circumstances, the writ petition is
disposed of directing the additional 7th respondent to take up
WP(C) NO. 7737 OF 2021
Ext.P4 appeal and dispose of the same after affording an
opportunity of hearing to the petitioner and respondents 5 and
6. Orders shall be passed untrammeled by the observations
contained in Ext.P7 report. Necessary orders shall be issued
within three months from the date of receipt of a copy of this
judgment.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 7737 OF 2021
APPENDIX OF WP(C) 7737/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RECEIPT FOR PAYMENT OF BASIC
TAX BY THE PETITIONER
EXHIBIT P1 (A) TRUE COPY OF THE RECEIPT FOR PAYMENT OF BASIC
TAX BY THE PETITIONER
EXHIBIT P1 (B) TRUE COPY OF THE RECEIPT FOR PAYMENT OF BASIC
TAX BY THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE APPLICATION FILED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED
26.2.2019
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 4/11/2019 BY THE
3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE APPEAL NO.E8211/2019 FILED
BEFORE THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE STAY PETITION FILED BEFORE
THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE THE HON'BLE MINISTER FOR
REVENUE DATED 10/6/2019
EXHIBIT P7 TRUE COPY OF THE CONSEQUENT REPORT DATED
21.12.2020
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
