Anantharaj vs District Collector, Idukki
2023 Latest Caselaw 1277 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
 WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                      WP(C) NO. 41463 OF 2022
PETITIONER:

           ANANTHARAJ,
           AGED 52 YEARS
           S/O. INNASIMUTH, KAMARAJAPURAM,
           SURIANALLE- P.O. CHINNAKANAL,
           IDUKKI- 685 618.
           BY ADVS.
           SRI GEORGE ABRAHAM
           SRI JOBY D JOSEPH
           SRI JOSEPH GOPURAN
           MS.MARY CATHERINE PRIYANKA P.S.


RESPONDENTS:

     1       DISTRICT COLLECTOR, IDUKKI,
             CIVIL STATION, IDUKKI - 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.
             SMT. C. S. SHEEJA, SR.GOVT.PLEADER

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   18.01.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.41463/2022
                                    2




                              T.R. RAVI, J.
               --------------------------------------------
                       W.P.(C)No.41463 of 2022
                --------------------------------------------
                Dated this the 18th day of January, 2023

                              JUDGMENT

Admit. Government Pleader takes notice for the

respondents.

2. The prayer in the writ petition is for a direction to the

respondents to accept land tax for the immovable property

owned by the petitioner as per Exts.P1 and P2 documents

situated in Chinnakkanal Village, Udumbanchola Taluk.

3. The Government Pleader on instructions submits that

enquiry is pending regarding the genuineness of several pattas

which were issued in the area.

4. A similar issue was considered by this Court in

W.P.(C)No.2610/2020, wherein this Court had directed the

enquiry to be completed within three months with a rider that, if

the enquiry is not completed within the said three months, the

basic tax should be accepted from the petitioner subject to the

outcome of the enquiry. The enquiry had been started long back

as can be seen from the judgment in W.P.(C)No.2610/2020 W.P.(C)No.41463/2022

dated 27.02.2020.

In the above circumstances, there will be a direction to

respondents to accept tax from the petitioner for the immovable

property owned by the petitioner as per Exts.P1 and P2

documents situated in Chinnakkanal Village, Udumbanchola

Taluk. The enquiry which is stated to have been initiated may go

on and completed, and, any tax that is received from the

petitioner on the basis of the directions issued by this Court in

this judgment, will be subject to the final outcome of the

enquiry.

The writ petition is disposed of.

Sd/-

T.R. RAVI JUDGE

dsn W.P.(C)No.41463/2022

APPENDIX OF WP(C) 41463/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PATTA ISSUED TO THE PETITIONER BY THE SPECIAL TAHASILDAR, RAJAKUMARI DATED 5/10/1994.

Exhibit P2 TRUE COPY OF LAND TAX RECEIPT PAID BY THE PETITIONER DATED 28/7/2004.