M.M.George vs 1. State Of Kerala, Represented ...
2023 Latest Caselaw 10241 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
   THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
                       WP(C) NO. 29544 OF 2023
PETITIONER:

          M.M.GEORGE
          AGED 68 YEARS
          S/O. MATHAI, MADAPALLIKUNNEL HOUSE,
          DOWN BAZAR, P.O.MANANTHAVADI, WAYANAD, PIN - 670645
          BY ADVS.
          REBIN VINCENT GRALAN
          DINESH G WARRIER
          VIMAL VIJAY


RESPONDENTS:

    1     1. STATE OF KERALA, REPRESENTED THROUGH IT'S PRINCIPAL
          SECRETARY
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     DISTRICT COLLECTOR
          COLLECTORATE WAYANAD, NORTH KALPETTA P.O,
          WAYANAD, PIN - 673575
    3     SUB COLLECTOR
          COLLECTORATE WAYANAD, NORTH KALPETTA P.O,
          WAYANAD, PIN - 673575
    4     TAHSILDAR
          TALUK OFFICE, P.O. MANANTHAVADY, WAYANAD,
          PIN - 670645
    5     VILLAGE OFFICER
          VILLAGE OFFICE, P.O. MANANTHAVADY,
          WAYANAD, PIN - 670645
    6     SECRETARY
          MANANTHAVADY MUNICIPALITY (ERSTWHILE MANANTHAVADY
          PANCHAYATH) , P.O. MANANTHAVADY, WAYANAD, PIN - 670645


          RESHMITA RAMACHANDRAN-GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.29544 of 2023
                                          2


                                JUDGMENT

Dated this the 21st day of September, 2023

1. The present writ petition has been filed under

Article 226 of the Constitution of India seeking the

following reliefs:

i. Issue a writ of mandamus or any other appropriate writ, order or direction, directing to the 1 st respondent to consider and pass appropriate orders upon Exhibit P4 expeditiously.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction, directing or compelling the 4 th respondent, not to act upon Exhibit P7 and P8, till the 1 st respondent considers and passes appropriate orders on Exhibit P3.

iii. To grant such other relief as this Court may deem fit and necessary under the facts and circumstances of the case. iv. Dispense with the translation of the documents produced in the Vernacular Language.

2. The petitioner's building Nos.V/417, 418, 419,

420A and 420B situated in Re-Sy. No.659/1, Ward No.V.

are assessed to building tax and luxuary tax has the

building having plinth area of 321.16 m 2 which is above

the prescribed bar of 278.7m2. Against the order passed

by the 4th respondent, the petitioner filed an appeal WP(C) No.29544 of 2023

before the Revenue Divisional Officer - 3 rd respondent.

The appeal came to be dismissed on 06.11.2017 by the

3rd respondent. The petitioner filed a revision before the

District Collector-the 2nd respondent against the order

dated 16.11.2017 passed by the 3rd respondent. The

revision came to be dismissed as Ext.P3 dated

17.08.2019. The petitioner has filed the 2nd revision

before the Government- the 1 st respondent on

18.07.2023. In the meantime attachment order has been

issued on 18.05.2022.

3. The petitioner is already before the Rivisional

Authority and this Court will not entertain the present

writ petition. In view thereof, the present writ petition is

dismissed with a direction to the 1 st respondent to

consider and decide the Ext.P4 revision expeditiously,

preferably within a period of one month from the date of

the copy of the judgment is submitted before the 1 st

respondent.

Sd/-

DINESH KUMAR SINGH JUDGE AP WP(C) No.29544 of 2023

APPENDIX OF WP(C) 29544/2023

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE BUILDING PERMIT ISSUED TO THE PETITIONER BY THE 6TH RESPONDENT, THE THEN SPECIAL GRADE SECRETARY OF ERSTWHILE MANANTHAVADY GRAMA PANCHAYATH NO.BA/86/12.13 DATED 14.05.2012 EXHIBIT P2 A TRUE COPY OF THE ORDER BY THE 3RD RESPONDENT NO. A 6749/2015 , DATED 06.11.2017 EXHIBIT P3 A TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT NO. DCWYD/15428/18-B5, DATED 17.08.2019 RECEIVED UNDER RIGHT TO INFORMATION ACT EXHIBIT P4 A TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.07.2023 EXHIBIT P5 A TRUE COPY OF THE POSTAL RECEIPT TOWARDS THE DISPATCH OF THE REVISION PETITION BY THE

145 5628 3IN DATED 19.07.2023 EXHIBIT P6 A TRUE COPY OF THE TRACK CONSIGNMENT REPORT OF DEPARTMENT OF POSTS DATED 21.07.2023 TOWARDS THE ADDRESS OF 1ST RESPONDENT EXHIBIT P7 A TRUE COPY OF THE NOTICE U/S.36 OF REVENUE RECOVERY ACT ISSUED BY THE 4TH RESPONDENT NO.D2-20152/OM/15 DATED 18.05.2022 EXHIBIT P8 A TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER NO. TLKMD/138599 DATED 11.06.2023 TRANSLATION OF EXHIBIT TRANSLATION OF EXHIBIT P 2 -A TRUE COPY OF THE P 2 ORDER BY THE 3RD RESPONDENT NO. A 6749/2015 , DATED 06.11.2017 TRANSLATION OF EXHIBIT TRANSLATION OF EXHIBIT P 7- A TRUE COPY OF THE P 7 NOTICE U/S.36 OF REVENUE RECOVERY ACT ISSUED BY THE 4TH RESPONDENT NO.D2-20152/OM/15 DATED 18.05.2022 TRANSLATION OF EXHIBIT TRANSLATION OF EXHIBIT P 3 - A TRUE COPY OF THE P 3 ORDER PASSED BY THE 2ND RESPONDENT NO.

DCWYD/15428/18-B5, DATED 17.08.2019 RECEIVED UNDER RIGHT TO INFORMATION ACT TRANSLATION OF EXHIBIT TRANSLATION OF EXHIBIT P 8- A TRUE COPY OF THE P 8 NOTICE ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER NO. TLKMD/138599 DATED 11.06.2023