Praveen V.C vs Thahisldar
2022 Latest Caselaw 5359 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                       WP(C) NO. 13253 OF 2022


PETITIONER:

            PRAVEEN V.C., AGED 52 YEARS
            S/O. CHANDRASEKHARAN, VAZHOOR HOUSE,
            KARIYAMUTTAM P.O., VALAPPAD,
            THRISSUR-680587, MANAGER,
            AIDED U.P. SCHOOL, PALLIKKAL.

            BY ADVS.
            C.D.DILEEP
            SHYLAJA VARGHESE


RESPONDENTS:

    1       THAHISLDAR, THALAPPILLY TALUK,
            WADAKKANCHERRY, THRISSUR DISTRICT-679532.

    2       THE TALUK SURVEYOR, THALAPPILLY TALUK,
            WADAKKANCHERRY, THRISSUR DISTRICT-679532.

    3       THE VILLAGE OFFICER, VILLAGE OFFICE, NEDUMPURA,
            WADAKKANCHERRY, THRISSUR DISTRICT-679532.


            SR GP-SMT K.AMMINIKUTTY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 13253/22
                                     2

                          JUDGMENT

The petitioner's grievance impelled in this Writ Petition is

that, even though he approached the 1st respondent - Tahsildar

for remittance of Land Tax on the property covered by Ext.P1

Sale Deed, it has not been acted upon, though its transfer of

Registry has already been effected in his favour.

2. Sri.C.D.Dileep - learned counsel for the petitioner,

explained that when none of his client's requests before the

Tahsildar yielded results with respect to certain portions of the

property involved, he preferred Ext.P6 application before the said

Authority on 01.04.2022 and prayed that necessary action

thereon be directed to be completed without any further delay.

3. In response, Smt.K.Amminikutty - learned Senior

Government Pleader, submitted that the Tahsildar has already

permitted the petitioner to remit Land Tax on some portions of

the extents claimed by him; but that as regards the balance, he

will consider Ext.P6 and take a final decision without any

avoidable delay. She added that she is making this submission WPC 13253/22

because, while disposing of Ext.P6, necessary enquiries will also

have to be completed.

4. When I consider the afore submissions, it is without

doubt that if Ext.P6 is still pending before the Tahsildar, it will

require to be taken up and disposed of without any further

delay.

Resultantly, I order this Writ Petition to the limited extent

of directing the 1st respondent to take up Ext.P6 representation

of the petitioner and to issue and complete final orders and

necessary action thereon - after affording him, as also any other

other person who may be interested, an opportunity of being

heard - as expeditiously as is possible, but not later than six

weeks from the date of receipt of a copy of this judgment.

Sd/-

RR                                       DEVAN RAMACHANDRAN
                                               JUDGE
 WPC 13253/22


               APPENDIX OF WP(C) 13253/2022

PETITIONER EXHIBITS
Exhibit P1          A TRUE COPY OF THE SALE DEED NO.2700/13
                    DATED 27/06/2013 IN FAVOR OF THE
                    PETITIONER.
Exhibit P2          A TRUE COPY OF THE TAX RECEIPT NO.56466
                    DATED 29/07/2013.
Exhibit P2(A)       A TRUE COPY OF THE TAX RECEIPT
                    NO.5688941 DATED 11/05/2014.
Exhibit P2(B)       A TRUE COPY OF THE TAX RECEIPT NO.64628
                    DATED 10/04/2015.
Exhibit P2(C)       A TRUE COPY OF THE TAX RECEIPT NO.65499
                    DATED 05/04/2016.
Exhibit P2(D)       A TRUE COPY OF THE TAX RECEIPT NO.65691
                    DATED 05/04/2017.
Exhibit P2(E)       A TRUE COPY OF THE TAX RECEIPT NO.15584
                    DATED 30/04/2018.
Exhibit P3          A TRUE COPY OF THE TAX RECEIPT NO.

KL08024801090/2021 DATED 22/04/2021. Exhibit P3(A) A TRUE COPY OF THE TAX RECEIPT NO.

KL08024800822/2022 DATED 02/04/2022. Exhibit P4 A TRUE COPY OF THE AUTHORIZATION LETTER ISSUED BY THE 3RD RESPONDENT DATED 23/05/2013.

Exhibit P5 A TRUE COPY OF THE LOCATION CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 29/07/2013.

Exhibit P6 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR REMITTING TAX.

Exhibit P6(A) A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT UNDER FORM NO.10 OF THE SURVEY AND BOUNDARIES RULES.