K.P.Krishna Varma,(Chaitanya) vs Tahsildar, Kanayannur Taluk
2024 Latest Caselaw 9190 Ker

Kerala High Court

K.P.Krishna Varma,(Chaitanya) vs Tahsildar, Kanayannur Taluk on 3 April, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
    WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                        WP(C) NO. 11557 OF 2023
PETITIONER/S:

    1     K.P.KRISHNA VARMA,(CHAITANYA),
          AGED 80 YEARS
          PURATHE MADHOM, LAYAM ROAD, STATUE JN, TRIPUNITHURA,
          ERNAKULAM DISTRICT, PIN - 682301
    2     RAJALAKSHMI VARMA,
          AGED 70 YEARS
          (CHAITANYA),PURATHE MADHOM, LAYAM ROAD,STATUE JN,
          TRIPUNITHURA, ERNAKULAM DISTRICT, PIN - 682301
          BY ADVS.
          C.R.REGHUNATHAN
          R.BALAKRISHNAN
          B.HARRYLAL


RESPONDENT/S:

    1     TAHSILDAR, KANAYANNUR TALUK,
          TALUK OFFICE, ERNAKULAM, PIN - 682011
    2     VILLAGE OFFICER,
          NADAMA VILLAGE,NADAMA VILLAGE
          OFFICE,TRIPUNITHURA,ERNAKULAM, PIN - 682301
          BY ADV GOVERNMENT PLEADER


OTHER PRESENT:

          SMT. JASMIN M.M. -GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11557 OF 2023
                                      2

                               JUDGMENT

The present writ petition has been filed seeking the following

reliefs:

i.Issue a writ of mandamus and command the 1st Respondent to pass orders on Ext-P9 application in the light of the changed scenario regarding the ownership of the multi storied building, which was subjected to the charge of luxury tax under Tax file No.B6-5495/2016 within a time bound direction.

ii. Directing the 2nd Respondent Village officer to abstain from collecting/ recovering any amount as Luxury Tax in respect of the multi storied building containing flat Nos. 37/861-A, 37/861-B of the Tripunithura Municipality.

Considering the limited prayer for a direction to dispose of

Ext.P9 application pending before the 1st respondent, the present

writ petition is disposed of, directing the 1 st respondent to consider

and pass appropriate order in accordance with law on Ext.P9

application of the petitioner, expeditiously, preferably within a

period of two months from today. Let this order shall be

communicated by the petitioner as well as the learned Government

Pleader to the 1st respondent.

Sd/-

DINESH KUMAR SINGH JUDGE SJ WP(C) NO. 11557 OF 2023

APPENDIX OF WP(C) 11557/2023

PETITIONER EXHIBITS EXHIBITP1 TRUE COPY OF THE LAND TAX RECEIPT DATED 10/02/2021 IN THE NAME OF THE FIRST PETITIONER EXHIBITP2 TRUE COPY OF THE SETTLEMENT DEED DATED 18/09/2020 EXHIBITP3 TRUE COPY OF THE LAND TAX RECEIPT DATED 01.10.2021 OF THE 1ST PETITIONER EXHIBITP4 TRUE COPY OF THE LAND TAX RECEIPT DATED 01.10.2021 OF THE 2ND PETITIONER EXHIBITP5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 04.10.2021 OF THE 1ST PETITIONER EXHIBITP6 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 04.10.2021 OF THE 2ND PETITIONER EXHIBITP7 TRUE COPY OF THE HOUSE TAX RECEIPT DATED 22.08.2022 OF THE 1ST PETITIONER EXHIBITP8 TRUE COPY OF THE HOUSE TAX RECEIPT DATED 22.08.2022 OF THE 2ND PETITIONER EXHIBITP9 TRUE COPY OF THE APPLICATION DATED 27/12/2021, SUBMITTED TO THE FIRST RESPONDENT TAHSILDAR EXHIBITP10 TRUE COPY OF THE RECEIPT FOR PAYMENT OF LUXURY TAX DATED 25/03/2022 EXHIBITP11 TRUE COPY OF THE LETTER DATED 13/09/2022