Shihabudheen vs District Collector
2022 Latest Caselaw 6586 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                       WP(C) NO. 18771 OF 2022
PETITIONERS:

    1     SHIHABUDHEEN
          AGED 63 YEARS, S/O SALI RAWTHER, THONDALIL HOUSE,
          PORUVAZHY P.O, KOLLAM -690520

    2     SAJITHA BEEGUM
          AGED 58 YEARS, W/O SHIHABUDHEEN, THONDALIL HOUSE,
          PORUVAZHY P.O, KOLLAM -690520

          BY ADVS.
          R.SUNIL KUMAR
          A.SALINI LAL
          ARUN KRISHNA
          J.M.DEEPAK


RESPONDENTS:

    1     THE DISTRICT COLLECTOR, KOLLAM
          CIVIL STATION BUILDING,
          CIVIL STATION ROAD, KOLLAM-691013.

    2     THASILDAR (LR),
          KUNNATHUR TALUK, THALUK OFFICE , SASTHAMKOTTA
          TEMPLE ROAD, SASTHAMKOTTA, KERALA- 69052.

    3     VILLAGE OFFICER,
          VILLAGE OFFICE, SASTHAMKOTTA, KOLLAM-690521

                ADV. DR. THUSHARA JAMES, SR. G.P.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.18771/2022                    -2-


                                 JUDGMENT

Pointing out that the property of the petitioners has been wrongly described

and basic tax has been accepted in respect of property in Sy. No.370/4-3 while in

fact the actual property of petitioners is in Sy. No.370/5, the petitioners have filed

Ext.P9 representation before the 2 nd respondent. The limited relief sought for is for

a direction to the 2nd respondent to consider and pass orders on Ext.P9

representation after affording an opportunity of hearing to the petitioners.

2. Having regard to the limited nature of relief sought for by the

petitioners, It is directed that the 2 nd respondent shall consider and pass order on

Ext.P9 after affording an opportunity of hearing to the petitioners within a period of

3 months from the date of receipt of a copy of this judgment.

The writ petition will stand disposed of as above.

Sd/-

GOPINATH P.

JUDGE

AMG

APPEXDIX

PETITIONERS' EXHIBITS TRUE COPY OF THE SETTLEMENT REGISTER OF 1 Exhibit P1 PORUVAZHY VILLAGE KUNNATHUR TALUK (RELAVENT PAGE)

TRUE COPY OF SALE DEED NO. 6199/66 DATED 2 Exhibit P2 24/11/1966 OF SASTHAMKOTTA SUB REGISTRAR OFFICE

TRUE COPY OF PARTITION DEED NO.949/73 DATED 3 Exhibit P3 25/06/1973 OF KADAMBANADU SRO

TRUE COPY OF THE EXTRACT OF TANDAPER ACCOUNT 4 Exhibit P4 REGARDING NINE CENTS IN SURVEY 3070/4-3 IN FAVOUR OF JAYASREE

TRUE COPY OF SALE DEED NO: 3757/1992 OF 5 Exhibit P5 SASTHAMKOTTA SRO DT 9/11/92

TRUE COPY OF THE TAX RECEIPT IN FAVOUR OF 6 Exhibit P6 PETITIONERS 5/12/1992 DT 5/12/92

7 Exhibit P7 TRUE COPY OF THE SURVEY SKETCH OF THE PROPERTY

TRUE COPY OF THE JUDGMENT IN W.P(C): NO: 18349 8 Exhibit P8 OF 2007 DT 4/10/07

TRUE COPY OF THE REPRESENTATION SUBMITTED BY 9 Exhibit P9 THE PETITIONERS DATED 28/2/2022

TRUE COPY OF THE ACKNOWLEDGEMENT OF EXHIBIT P-9 10 Exhibit P10 DATED 2/3/2022