Molly Jose vs District Collector
2022 Latest Caselaw 10437 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. 23550 OF 2022(P)
PETITIONER:

     MOLLY JOSE, AGED 54 YEARS, W/O. JOSE JOSEPH, VETTIKKAPPILLIL HOUSE,
     SURYANELLEY P.O., CHINNAKKANAL, IDUKKI DISTRICT.

RESPONDENTS:

  1. DISTRICT COLLECTOR, PAINAV, IDUKKI DISTRICT - 685 602.
  2. REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, DEVIKULAM,
     IDUKKI - 685 613.
  3. TAHSILDAR, UDUMBANCHOLA TALUK, IDUKKI DISTRICT - 685 554.
  4. VILLAGE OFFICER, CHINNAKKANAL VILLAGE, (VIA) UDUMBANCHOLA, IDUKKI
     DISTRICT - 685 554.
  5. TALUK SURVEYOR, TALUK OFFICE, UDUMBANCHOLA, IDUKKI DISTRICT - 685
     554.


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents to accept current year's land tax for
the property situated in Survey No. 246/1/1/2 having an extent of 11.50
cents of land, pending disposal of the Writ Petition.


     This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. GEORGE ABRAHAM, Advocate for the petitioner and of GOVERNMENT PLEADER
for respondents, the court passed the following:




                                                                     P.T.O
      EXHIBIT R3(b):- TRUE COPY OF THE REPORT BY THE TALUK SURVEYOR,
UDUMBANCHOLA TALUK, DATED 26.03.2021.

     EXHIBIT P9:- COPY OF THE LAND TAX PAID BY SHRI. BHASKARAN DATED
06.01.2021.
                                       T.R.RAVI, J.
                       ---------------------------------------------
                             W.P.(C)No.23550 of 2022
                   ------------------------------------------------------
                      Dated this the 7th day of October, 2022.

                                    ORDER

The respondents have filed a counter affidavit to which the

petitioner has filed a reply affidavit. It is seen that the impugned

order has been issued on the basis of Ext.R3(b) which is a report

dated 26.03.2021 in which there is lack of clarity regarding the survey

numbers of the property of the petitioner. The judgment of this Court

is dated 16.11.2021 and it does not appear that there was any

physical verification after the judgment of this Court. Government

Pleader to get specific instructions on these aspects. If it is revealed

that there has been no physical verification after the judgment,

necessary action shall be taken to conduct a physical verification in

the presence of the petitioner. While conducting physical verification,

Officers shall also take into consideration the contention that the

property of the neighbouring owner which is covered by Ext.P9 tax

receipt, is shown to be in survey number 246/1-1-3.

Post the writ petition after one month.

H/o

Sd/-

T.R.RAVI JUDGE LEK

07-10-2022 /True Copy/ Assistant Registrar