Anuba Property Developers ... vs The District Collector
2022 Latest Caselaw 3041 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
                       WP(C) NO. 20282 OF 2021
PETITIONER:

          ANUBA PROPERTY DEVELOPERS PRIVATE LIMITED
          CIN.U70101 KL2008 PTC 021760,
          REGISTERED OFFICE AT XL VII-1986,
          KADAKKETH PARAYIL, RNRA 169, KAVAL JUNCTION,
          THANGASSERY THIRUMULLAVARAM P.O., KOLLAM - 691 012
          REPRESENTED BY ITS DIRECTOR,
          JACOB KALLUVILA BABU, S/O.K.C.BABU.

          BY ADVS.
          M.SASINDRAN
          SREEHARI INDUKALADHARAN


RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          COLLECTORATE, KAKKANAD, ERNAKULAM - 682 030.

    2     THE REVENUE DIVISIONAL OFFICER
          FIRST FLOOR, KB JACOB ROAD,
          FORTKOCHI, KOCHI - 682 001.

    3     THE TAHSILDAR
          KANAYANNUR, PARK AVE, NEAR SUBHASH PARK,
          MARINE DRIVE, KOCHI - 682 011.


          SRI. RAJEEV JYOTHISH GEORGE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20282 OF 2021
                                         2

                                T.R.RAVI, J.
                        ----------------------------------------
                         WP(C) NO.20282 OF 2021
                      -------------------------------------------
                 Dated this the 17th .day of March, 2022

                               JUDGMENT

The prayer in the writ petition is for a direction to the 2 nd

respondent to incorporate the entries corresponding to Exts.P2

and P4 in the Basic Tax Register and in the revenue records and

to direct the 3rd respondent to make assessment of basic tax

based on Exts.P2 and P4. There is also a prayer for a direction to

the 3rd respondent to consider Exts.P6 and P7.

Having heard the counsel for the petitioner and the learned

Government Pleader, the writ petition is disposed of by directing

the 3rd respondent to reconsider and pass orders on Exts.P6 and

P7 and while passing such orders, necessary weightage shall be

given to Exts.P2 and P4. Necessary orders shall be issued by the

3rd respondent within two months from the date of receipt of a

copy of this judgment.

Sd/-

T.R.RAVI

JUDGE

sn WP(C) NO. 20282 OF 2021

APPENDIX OF WP(C) 20282/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO.3053 OF 2008 DATED 13/10/2008 OF SRO, THRIKKAKKARA. Exhibit P2 TRUE COPY OF THE PROCEEDINGS NO.L5-

60765/07/K.DIS. DATED 15/11/2007 ISSUED BY THE DISTRICT COLLECTOR, ERNAKULAM. Exhibit P3 TRUE COPY OF THE SALE DEED NO.240/2009 OF SRO, THRIKKAKKARA DATED 13/10/2008. Exhibit P4 TRUE COPY OF THE PROCEEDINGS NO.L5-

60763/07/K.DIS. DATED 12/11/2007 ISSUED BY THE DISTRICT COLLECTOR, ERNAKULAM. Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 24/08/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT REVENUE DIVISIONAL OFFICER.

Exhibit P6 TRUE COPY OF THE APPLICATION DATED 04/11/2020 SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR IN RESPECT OF THE PROPERTY COVERED BY EXT.P1.

Exhibit P7 TRUE COPY OF THE APPLICATION DATED 04/11/2020 SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR IN RESPECT OF THE PROPERTY COVERED BY EXT.P3.

RESPONDENT'S EXHIBITS       :   NIL

             //TRUE COPY//             PA TO JUDGE