U.K. Mohanan vs State Of Kerala
2022 Latest Caselaw 3233 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                      WP(C) NO. 8760 OF 2021
PETITIONER:
           U.K. MOHANAN, AGED 62 YEARS, S/O ULAKAN KUNJAN,
           RESIDING AT KONKERIL HOUSE, THEKKEMURIYIL KARAYIL,
           VADAKKEMURI VILLAGE, UDAYANPURAM P.O, PIN-686143.

          BY ADVS.
          P.HARIDAS
          SRI.BIJU HARIHARAN
          SRI.P.C.SHIJIN
          SRI.RISHIKESH HARIDAS
RESPONDENTS:
     1     STATE OF KERALA, REPRESENTED BY SECRETARY,
           DEPARTMENT OF REVENUE, STATE SECRETARIAT,
           THIRUVANANTHAPURAM, PIN-695001.

    2     TAHSILDAR, KOTTAYAM, (LAND TRIBUNAL VAIKOM),
          TALUK OFFICE, KOTTAYAM, KOTTAYAM DISTRICT,
          PIN-686001.

    3     APPELLATE AUTHORITY (L.R), REPRESENTED BY ITS
          PRESIDING OFFICER OFFICE OF THE APPELLALATE
          AUTHORITY (L.R), NEW BAZAR, ALAPPUZHA, PIN-688001.

    4     THE VILLAGE OFFICER, VADAKKEMURI VILLAGE OFFICE,
          UDAYANAPURAM P.O., VAIKOM, KOTTAYAM DISTRICT,
          PIN-686143.

    5     ADDL. R5. VARKEY JOSEPH, PULIPRA HOUSE,
          THEKKEMURIYIL KARAYIL, VADAKKEMURI VILLAGE,
          UDAYANAPURAM P.O., PIN-686143.

    6     ADDL. R6. VAVA, PULPRATHAZHAM HOUSE,
          THEKKEMURIYIL KARAYIL, VADAKKEMURI VILLAGE,
          UDAYANAPURAM P.O., PIN-686143.
          (ADDITIONAL R5 AND R6 ARE IMPLEADED AS PER ORDER DATED
          13/04/2021 IN IA 2/21 IN WPC NO.8760/2021)


          SMT.MABLE C KURIAN - SR.G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 8760/21
                                      2

                            JUDGMENT

Though various averments, assertions and allegations have

been urged and made in this Writ Petition, the learned counsel

for the petitioner - Sri.P.Haridas, conceded that unless the 3 rd

respondent - Appellate Authority disposes of Ext.P7 Statutory

Appeal preferred by his client within a time frame, no other

reliefs can be granted, especially because his client seeks that

he be permitted to remit Land Tax on the property in question.

2. The learned Senior Government Pleader - Smt.Mable

C. Kurian, submitted that if Ext.P7 is still pending before the

Appellate Authority, the same can be disposed of as per law;

however, praying that this Court may not make any affirmative

declarations on the entitlement of the petitioner to any relief

and leave it to the competent Authority to take a final decision

as per law.

3. The files show that notices issued to respondents 5

and 6 have been returned with the endorsement 'not known'.

However, in view of the limited directions that I propose WPC 8760/21

herein, am of the view that no prejudice will be caused to them

even if this Writ Petition is disposed of in their absence.

Resultantly, I order this Writ Petition and direct the 3 rd

respondent - Appellate Authority to take up Ext.P7 Statutory

Appeal - if it is still pending - and dispose it of, after

affording the petitioner and all other necessary persons an

opportunity of being heard; thus culminating in an appropriate

order and necessary action thereon as expeditiously as is

possible, but not later than six months from the date of receipt

of a copy of this judgment.

Needless to say, after the afore exercise is completed and

the resultant order received by the petitioner, he will be at

liberty to approach the 4th respondent - Village Officer, who

will then accede - subject to his entitlement having been

established - to his request for remittance of Land Tax over the

property in question, without any avoidable delay thereafter.

Sd/-

RR                                        DEVAN RAMACHANDRAN
                                               JUDGE
 WPC 8760/21


               APPENDIX OF WP(C) 8760/2021

PETITIONER EXHIBITS
EXHIBIT P1         TRUE COPY OF THE ORDER IN O.A.5647/70
                   OF LAND TRIBUNAL, VAIKOM.
EXHIBIT P1(A)      TRUE COPY OF THE CERTIFICATE OF

PURCHASE OF KUDIKIDAPPU NO.1105 IN O.A.5647/70 OF LAND TRIBUNAL, VAIKOM DATED 30.05.1970.

EXHIBIT P2 TRUE COPY OF THE COMMUNICATION B2.371/2020 ISSUED FROM THE 3RD RESPONDENT AUTHORITY TO THE PETITIONER DATED 3.12.2020.

EXHIBIT P3 TRUE COPY OF THE SALE DEED NO.

5737/1974 OF SRO, VAIKOM DATED 27/12/1974.

EXHIBIT P4 TRUE COPY OF THE SALE DEED NO 1641/1997 OF SRO, VAIKOM DATED 26.05.1997.

EXHIBIT P5 TRUE COPY OF THE SALE DEED NO.

1902/2000 OF SRO, VAIKOM DATED 27/06/2000.

EXHIBIT P6 TRUE COPY OF THE THE LOCATION SKETCH OF THE 20 CENTS PROPERTY OF THE PETITIONER WHICH IS SITUATED NEAR TO 10 CENTS OF KUDIKIDAPPU ISSUED BY THE VILLAGE OFFICER, VADAKKEMURI TO THE PETITIONER. EXHIBIT P7 TRUE COPY OF THE APPEAL BEFORE THE 3RD RESPONDENT BY THE PETITIONER UNDER SECTION 102 RESPECTED WITH SECTION 57/(2) OF THE KERALA LAND REFORMS ACT, 1963 WITH PETITION FOR CONDONATION OF DELAY WITHOUT THE ANNEXURES THEREIN DATED 02.02.2021.