Citation : 2022 Latest Caselaw 10366 Ker
Judgement Date : 7 October, 2022
WP(C) No.24757/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Friday, the 7th day of October 2022 / 15th Aswina, 1944
IA.NO.1/2022 IN WP(C) NO. 24757 OF 2021
PETITIONER/PETITIONERS:
V.PRASAD, AGED 58 YEARS, S/O.VELAYUDHAN, RESIDING AT PRASANNA NIVAS,
PALACHIRA, VARKALA, CHIRAYINKEEZHU THALUK, THIRUVANANTHAPURAM.
RESPONDENTS/RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001
2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, COLLECTORATE,
THIRUVANANTHAPURAM, PIN 695 043
3. THE TAHSILDAR LAND RECORDS, TALUK OFFICE VARKALA,
THIRUVANANTHAPURAM, PIN 695 141
4. THE ADDITIONAL TAHSILDAR, LAND RECORDS, LAND RECORDS OFFICE,
VARKALA, THIRUVANANTHAPURAM, PIN 695 141
5. THE VILLAGE OFFICER, VILLAGE OFFICE, VARKALA, THIRUVANANTHAPURAM PIN
695 141
6. THE HEAD SUREVEYOR HEAD SURVEY OFFICE, VARKALA, THIRUVANANTHAPURAM
PIN 695 141
7. THE CAMP OFFICER, RE-SURVEY PRIVATE PROJECT, CAMP OFFICE, OFFICE,
VARKALA, THIRUVANANTHAPURAM PIN 695 141
8. THE SURVEY OFFICER, TALUK SURVEY OFFICE, VARKALA, THIRUVANANTHAPURAM
PIN 695 141
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to make a finding in
the judgment dated 20/12/2021, passed in this case deciding on the
objections raised in Exhibit P23 reply letter of third respondent as
stated below:-
1.Whether production of "Pattayam" in respect of the petitioner's
property , which is a registered holding and having pattayam since 1950 is
warranted, for accepting the defaulted years' land tax to the petitioner's
property?
2.Is it necessary for the petitioner to apply for assignment to
government in respect of his registered holding for accepting land tax
since 2013 ?
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 20/12/2021 and upon hearing the arguments of K.KUSUMAM, P.T.MARY,
K.KALESH, R.S.REJITHA, ACHUTHAN K., Advocates for the petitioners in
I.A/W.P(C), the GOVERNMENT PLEADER for Respondents I.A/W.P(C)the court
passed the following:
WP(C) No.24757/2021 2/3
ORDER
Since the Government Pleader says that instructions have already been issued to the Village Officer to accept tax from the petitioner, I fail to understand why it is not so done.
I, therefore, direct the petitioner to tender land tax before the Village Officer at 11 a.m. on 10.10.2022 with a resultant direction to the said authority to accept the same and issue necessary tax receipt.
Compliance shall be reported by the Government Pleader on 11.10.2022.
Post on 11.10.2022.
Handover.
Sd/- DEVAN RAMACHANDRAN JUDGE
07-10-2022 /True Copy/ Assistant Registrar
WP(C) No.24757/2021 3/3
APPENDIX OF WP(C) 24757/2021
Exhibit P23 TRUE COPY OF REPLY DATED 15/3/22 SENT BY THE TAHASILDAR
(LAND RECORDS)R3 TO THE PETITIONER
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