Dr.Mary Abraham vs State Of Kerala
2023 Latest Caselaw 11483 Ker

WP(C) No.36962/2023                      1/4

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
           Wednesday, the 8th day of November 2023 / 17th Karthika, 1945
                              WP(C) NO. 36962 OF 2023
   PETITIONER:

          DR.MARY ABRAHAM, AGED 62 YEARS, W/O. DR.ABRAHAM MAMMAN, 28/460,
          MAMUTTIL HOUSE, NELLIKODE P.O, KOZHIKODE DISTRICT, PIN - 673016

   RESPONDENTS:

      1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
      2. THE DISTRICT COLLECTOR, CIVIL STATION, THRISSUR, THRISSUR DISTRICT,
         PIN - 680003
      3. THE TAHSILDAR(LR), TALUK OFFICE, THRISSUR, MINI CIVIL STATION,
         THRISSUR DISTRICT, PIN - 680020
      4. THE VILLAGE OFFICER, PERINGAVU VILLAGE, CHEMBUKAVU P.O,THRISSUR
         DISTRICT, PIN - 680020
      5. TALUK SURVEYOR, TALUK OFFICE, THRISSUR, MINI CIVIL STATION,THRISSUR
         DISTRICT, PIN - 680020


        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 3rdrespondent to reconsider and pass fresh orders on
   Exhibit P5 application for reassessment of land tax of the property
   comprised in SY.NO.1111/1 (old SY No. 213/P) of Peringavu village in
   Thrissur Taluk, Thrissur district after affording an opportunity of being
   heard to the petitioner, till the 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
   M/S.K.J.MANU RAJ, K.VINAYA & JOBY JOSEPH (THRISSUR) Advocates for the
   petitioner, the court passed the following:
 WP(C) No.36962/2023                         2/4




                                   VIJU ABRAHAM,J
                             -------------------------
                               W.P.(C).No.36962 2023
                       -------------------------------------
                      Dated this the 8th day of November, 2023

                                          ORDER

Petitioner submits that in respect of

similarly situated adjacent properties, pursuant

to the directions issued by this Court in WP(C)

No.15993 of 2023, Order bearing No.B10/3383 dated

19.10.2023 has been issued granting the relief

sought for by the petitioner therein. Petitioner

submits that, though her property is similarly

situated by Ext.P9 her claim has been rejected.

Petitioner would also pointed out that the

impugned order has been issued in violation of the

specific direction issued by this Court in Ext.P8

judgment in WP(C) No.15977 of 2023, wherein it is

stated that when a land has been reassessed for

basic tax, the description of the land has been

necessarily changed in the revenue records and

also in the portals maintained by the department.

The learned Government Pleader to get specific WP(C) No.36962/2023 3/4

instructions as to why the impugned order has been

passed inspite specific direction in this regard

as per Ext.P8 judgment.

Post on 23.11.2023.

Hand over to both sides/-

sd/-

VIJU ABRAHAM, JUDGE

pm WP(C) No.36962/2023 4/4

APPENDIX OF WP(C) 36962/2023 Exhibit P 5 A TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION DATED 5.5.2023