Kerala High Court
K.C.Prakashan vs Tahsildar (Lr) on 3 April, 2024
WP(C) No.4629/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Wednesday, the 3rd day of April 2024 / 14th Chaithra, 1946
WP(C) NO. 4629 OF 2023(C)
PETITIONER:
K.C.PRAKASHAN, AGED 76 YEARS, S/O LATE CHATHUNNI AGED 76 YEARS,
KOLLARA HOUSE, CHIYYARAM POST, THRISSUR DISTRICT, PIN- 680 026
RESPONDENTS:
1. TAHSILDAR (LR), THRISSUR TALUK OFFICE, CHEMBUKKAVU, THRISSUR
DISTRICT, PIN-680 020
2. THE VILLAGE OFFICER, THRISSUR VILLAGE OFFICE, THRISSUR CITY POST
OFFICE, THRISSUR DISTRICT, PIN-680 001
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 render an interim order directing the 2nd Respondent to collect
land tax due on the land with arrears if any covered by Exhibit P-4
statutory proceedings, pending disposal of the Writ Petition, in the
interest of justice.
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.ASOK KUMAR K.P. & ALEXANDER K.C., Advocates for the petitioner and of
GOVERNEMENT PLEADER for the respondents, the court passed the following:
WP(C) No.4629/2023 2/4
VIJU ABRAHAM, J.
-- -- -- -- -- -- -- -- -- -- -- -- --
W.P.(C) No.4629 of 2023
-- -- -- -- -- -- -- -- -- -- -- -- --
Dated this the 3rd day of April, 2024
ORDER
The petitioner has approached this Court seeking a direction
to the respondents to accept tax in respect of the property
covered by Ext.P4. The specific case of the petitioner is that by
Ext.P4 proceedings, the 1st respondent directed to effect transfer
of registry in the name of the petitioner and pursuant to which tax
was received from the petitioner as is evident from Ext.P5.
2. The learned Government Pleader upon instructions
submitted that the property having an extent of 0.0290 hectares
of land in Sy No.1085/1 of Thrissur Village, is a Government
puramboke land and an enquiry is being conducted by the District
Collector (Revenue Vigilance) Central Zone based on a complaint
regarding the irregularities in the matter of effecting mutation. It
is further submitted that no action has been taken to cancel the
mutation till date. Government have issued directions to take
necessary steps to redeem the above mutated land to the
Government. It is further submitted by the learned Government
Pleader that no further action has been taken pursuant to the
same or even to cancel the mutation. The petitioner relies on
Ext.P6 judgment issued in almost identical situation.
3. As long as Ext.P4 is in force, I am of the view that the
respondents are bound to receive tax from the petitioner.
Therefore, there will be an interim order directing the 2 nd
respondent to accept land tax provisionally from the petitioner. It is
made clear that the acceptance of tax provisionally will not stand
int the way of the respondent in initiating any action in this regard,
in accordance with law.
Post on 06.06.2024.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
03-04-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 4629/2023
Exhibit P-4 A TRUE COPY OF THE PROCEEDINGS NO. B9-44401/15 DATED
30.06.2016 OF THE 1ST RESPONDENT
Exhibit P-5 A TRUE COPY OF THE RECEIPT EVIDENCING COLLECTION OF
LAND TAX
Exhibit P-6 A TRUE COPY OF THE JUDGMENT IN WP (C) NO. 28552/2018
DATED 26.09.2018
03-04-2024 /True Copy/ Assistant Registrar
