Shijo Augustine vs The District Collector
2022 Latest Caselaw 10430 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                       WP(C) NO. 28630 OF 2022
PETITIONER:

            SHIJO AUGUSTINE
            AGED 55 YEARS
            KOOTTUMUGAM P.O.,
            KAITHAPRAM, SREEKANDAPURAM,
            KANNUR DISTRICT, PIN - 670631

            BY ADV V.N.RAMESAN NAMBISAN


RESPONDENTS:

    1       THE DISTRICT COLLECTOR
            COLLECTORATE,
            KANNUR DISTRICT., PIN - 670306

    2       THE TAHSILDAR
            TALUK OFFICE,
            TALIPARAMBA,
            KANNUR DISTRICT., PIN - 670307

    3       THE VILLAGE OFFICER
            KURUMATHUR,
            KANNUR DISTRICT., PIN - 670306



            SRI. BIMAL K. NATH, SR.GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28630 OF 2022
                                      2




                             T.R.RAVI, J.
                     ----------------------------------------
                       WP(C) No.28630 of 2022
                    -------------------------------------------
              Dated this the 07th day of October, 2022

                            JUDGMENT

Admit. Government Pleader takes notice for

respondents.

The prayer in the writ petition is for a direction to

the 3rd respondent to collect land tax provisionally in

respect of 1 hectare of land comprised in Re.Sy.No.76/1,

44 of Taliparamba Taluk, Kurumathur amsom, Panakkad

desom. There is also a prayer for a declaration that the

mere fact that the 'desom' shown is different in Ext.P1

sale deed, the acceptance of land tax should not be

refused. The petitioner has preferred Ext.P7 application

in Form No.8 seeking survey and demarcation.

In the above circumstances, the writ petition is

disposed of directing the 2nd respondent to take necessary

action on Ext.P7 application and finalize the same and WP(C) NO. 28630 OF 2022

ascertain the 'desom' in which the petitioner's property is

actually situated and to take further action for acceptance

of tax. The actions shall be completed after hearing the

petitioner also, at the earliest, at any rate within four

months from the date of receipt of a copy of this

judgment.

Sd/-

T.R.RAVI sn JUDGE WP(C) NO. 28630 OF 2022

APPENDIX OF WP(C) 28630/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF SALE DEED NO.3959 OF 2008 DATED 09-09-2008 OF S.R.O, TALIPARAMBA.

Exhibit P2 TRUE COPY OF THE PURCHASE CERTIFICATE NO.17851 OF 1977 DATED 02-09-1977 ISSUED BY THE LAND TRIBUNAL, TALIPARAMBA.

Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT NO.721713, BOOK NO.72/8 DATED 16-05-2003 ISSUED BY THE VILLAGE OFFICER, KURUMATHUR.

Exhibit P4 TRUE COPY OF THE CERTIFICATE NO.492/10 DATED 29-07-2010 ISSUED BY THE 3RD RESPONDENT, VILLAGE OFFICER, KURUMATHUR.

Exhibit P5 TRUE COPY OF THE NOTICE NO.9941/1 DATED 06-

11-2014 ISSUED BY THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE CHALAN DATED 08-07-2017

Exhibit P7 TRUE COPY OF THE FORM 8 APPLICATION SUBMITTED BY THE PETITIONER

Exhibit P7(a) TRUE COPY OF THE SKETCH SUBMITTED BY THE PETITIONER BEFORE THE TALUK OFFICE, TALIPARAMBA.

Exhibit P8 TRUE COPY OF THE COMPLAINT DATED 25-10-2017 FILED BY THE PETITIONER BEFORE THE HON'BLE REVENUE MINISTER.

RESPONDENT'S EXHIBITS      :    NIL


                  //TRUE COPY//             PA TO JUDGE