Kallissery Venugopalan vs The District Collector, ...
2023 Latest Caselaw 11192 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
  THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
 FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA,
                            1945
                 WP(C) NO. 32921 OF 2016
PETITIONER/S:

          KALLISSERY VENUGOPALAN,AGED 52 YEARS
          S/O. KESAVAN NAIR, AGED 52 YEARS,ELAMPILAKALATHIL
          HOUSE, IRINGAVUR P.O.,TIRUR - 676 103, MALAPPURAM
          DISTRICT.
          BY ADVS.
          SRI.P.CHANDRASEKHAR
          SMT.V.A.HARITHA
          SRI.P.A.MOHAMMED SHAH
          SMT.MARY RESHMA GEORGE
          SMT.P.M.MAZNA MANSOOR
          SRI.S.PRASANTH
          SRI.C.R.SYAMKUMAR
          SRI.SOORAJ T.ELENJICKAL
          SMT.SANDHYA R.NAIR

RESPONDENTS:

   1      THE DISTRICT COLLECTOR, MALAPPURAM
          PIN - 676 553.
   2      THE ADDITIONAL TAHSILDAR TIRUR
          MALAPPURAM DISTRICT - 676 101.
   3      THE VILLAGE OFFICER OZHUR
          MALAPPURAM DISTRICT - 676 307.
   4      VARIKKOTTIL ABDULLA
          S/O. KOYAKUTTY MUSLIAR, OZHZU P.O.,OMACHAPUZHA
          AMSOM DESOM, TIRUR TALUK,MALAPPURAM DISTRICT -
          676 307.
          BY ADVS.
          BY SR. GOVERNMENT PLEADER SMT. DEEPA NARAYANAN.
          SRI.T.H.ABDUL AZEEZ
          SRI.K.SHAMEER MOHAMMED


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.32921/2016
                                     2




                              JUDGMENT

This writ petition is filed for a direction to the 3 rd

respondent to receive land tax in respect of the property of

the petitioner covered by Ext.P1 sale deed. A counter

affidavit has been filed on behalf of the 2 nd respondent

wherein it is stated as follows:-

"It is submitted that after issuing Exhibit P4 direction issued by this respondent, a complaint was filed before the District Collector vide petition dated 06.12.2014 by 4th respondent and 2 others, objecting the acceptance of land tax from the petitioner. The said complaint was thereafter forwarded to the Revenue Divisional Officer, Tirur for necessary action and the same is pending consideration."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader for the respondents.

3. The Revenue Divisional Officer, Tirur is suo motu

impleaded as additional 5th respondent. In the light of the

averments in paragraph (4) of the counter affidavit, there will W.P.(C) No.32921/2016

be a direction to the additional 5 th respondent to finalise the

proceedings referred to in paragraph (4) of the counter

affidavit as expeditiously as possible, at any rate, within a

period of one month from the date of receipt of a copy of this

judgment. The petitioner shall produce a copy of the writ

petition along with all exhibits and also the counter affidavit

filed on behalf of the 2nd respondent before the additional 5th

respondent along with a certified copy of this judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

al/-

W.P.(C) No.32921/2016

APPENDIX OF WP(C) 32921/2016

PETITIONER EXHIBITS P1 TRUE COPY OF THE SALE DEED NO. 3364 DATED 14.8.2012.

P2 TRUE COPY OF THE RECEIPT DATED 15.10.2012. P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 02.11.2012.

P4 TRUE COPY OF THE ORDER NO. B6-4287/14 DATED 17.11.2014.

P5 TRUE COPY OF THE LETTER DATED 28.3.2016 OF THE TALUK SURVEYOR, TIRUR.

P6 TRUE COPY OF THE LETTER DATED 23.6.2015.