M.R. Ponnamma vs Village Officer
2023 Latest Caselaw 2982 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                       THE HONOURABLE MR. JUSTICE GOPINATH P.

               MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944

                               WP(C) NO. 8394 OF 2023

PETITIONER:

               M.R. PONNAMMA
               AGED 65 YEARS
               RAJAMANDIRAM, PADINJAREKKARA, P.O. KALLYAD, KANNUR, PIN - 670593
               BY ADV C.K.SREEJITH


RESPONDENTS:

     1         VILLAGE OFFICER
               KALLYAD, IRIKKUR, IRITTY TALUK, IRITTY P.O., KANNUR, PIN - 670703
     2         TAHSILDAR
               IRITTY, KANNUR, PIN - 670703
     3         THE DISTRICT COLLECTOR
               COLLECTORATE OFFICE, KANNUR, PIN - 670001

OTHER PRESENT:

               SRI. BIMAL K NATH (SR GP)



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P. (C) No. 8394 of 2023
                                    ..2..




                             JUDGMENT

The petitioner has approached this court being aggrieved by

the non-acceptance of land tax as well as the steps taken to

include the land in question as puramboke land.

2. It is the case of the petitioner that the petitioner is the wife

of late Rajappan, who obtained the property by a registered

Jenmam deed executed in the year 1980. It is also submitted that

Ext.P2 Patta was issued in respect of the land by the Land

Tribunal, Irikkur. It is submitted that Ext.P5 representation is

pending before the 1st respondent and the petitioner will be

satisfied if a direction is issued to the 1 st respondent to consider

Ext.P5 and take a decision thereon, after affording an

opportunity of hearing to the petitioner.

3. The learned Government Pleader submits that there is no

objection in a direction being issued to the 1st respondent to

consider Ext.P5 in accordance with law.

4. Accordingly, this Writ Petition will stand disposed of W.P. (C) No. 8394 of 2023 ..3..

directing the 1st respondent to consider and pass orders on

Ext.P5, after affording an opportunity of hearing to the petitioner

and in accordance with law, within a period of two months from

the date of receipt of a certified copy of this judgment.

The Writ Petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE RMV W.P. (C) No. 8394 of 2023 ..4..

APPENDIX OF WP(C) 8394/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE REGISTERED JENMAM DEED NO.

646/1980 DT. 19/3/1980 ON THE FILE OF SRO IRIKKUR Exhibit P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE LAND TRIBUNAL DT. 15/11/1975 LAND NO. 1014 Exhibit P3 THE TRUE COPY OF THE LAND TAX RECEIPT DT. 9/12/1980 ISSUED BY THE VILLAGE OFFICER, KALLYAD Exhibit P4 . THE TRUE COPY OF THE LAND TAX RECEIPT DT.

29/1/1982 ISSUED BY THE VILLAGE OFFICER, KALLYAD Exhibit P5 THE TRUE COPY OF THE REPRESENTATION DT. 3/2/2023 SUBMITTED BEFORE THE VILLAGE OFFICER Exhibit P6 THE TRUE COPY OF THE RECEIPT ISSUED BY THE DISTRICT COLLECTOR DT. 3/2/2023 Exhibit P7 THE TRUE COPY OF THE RECEIPT ISSUED BY THE TALUK OFFICE, IRITTY DT. 3/2/2023

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE