Citation : 2024 Latest Caselaw 15463 Ker
Judgement Date : 5 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 20242 OF 2024
PETITIONERS:
1 SMT .P. LEELA AGED 71 YEARS W/O LATE CHINNAN NAIR,
RESIDING AT KUNIYIL HOUSE, KYNATTY, WAYANAD (D), PIN -
673121
2 SMT. C.T .KAMALAM. AGED 70 YEARS , W/O KRISHNAN,
RESIDING AT SUJATHA MANDIRAM, PUZHAMUDI, KALPETTA
WAYANAD (D), PIN - 673121
BY ADV THEJAN RAJ
RESPONDENTS:
1 VILLAGE OFFICER KALPETTA VILLAGE OFFICE, PRESS CLUB
ROAD, KALPETTA, PIN - 673121
2 TAHASILDAR VYTHIRI TALUK OFFICE, VYTHIRI,
KUNNATHIDAVAKA WAYANAD ,, PIN - 673576
BY SR.GP-DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No. 20242 of 2024 :2:
VIJU ABRAHAM , J.
===========================
WP(C) No. 20242 of 2024
============================
Dated this the 5th day of June, 2024
JUDGMENT
Petitioners have approached this Court seeking a direction to
the 1st respondent to take immediate action on Exts.P4 and P5
representations submitted by the petitioners.
2. It is averred that the 1st petitioner is the absolute owner in
possession of two sets of property comprised in Re.Sy. Nos.88/225 &
88/226 in Block No.19 of Vythiri Village having an extent of 24 ares
50 sq mts and 16 ares 18 sq mts respectively. The 2 nd petitioner is
the owner in possession of another property comprised in Re.Sy.
No.88/227 in Block No.19 of Vythiri Village having an extent of 14
ares 48 sq. mts. Petitioners have been enjoying the peaceful
possession of said lands from 2016 onwards. Petitioners submit that
tax was received from them up to 2023 as is evident from Exts.P1,
P2 and P3 tax receipts. Due to non-receipt of tax, petitioners have
submitted Exts.P4 and P5 request before the 1st respondent.
Petitioners further submit that a perusal of Ext.P6 would revealed
that the Tandaper number is assigned in their name, and on the
basis of the same it is contended that there is no reason for not
accepting tax from them.
3. Heard the learned Government Pleader also.
4. After hearing both sides above writ petition is disposed of
with a direction to the 1st respondent to immediately consider and
pass orders on Exts.P4 and P5 representation submitted by the
petitioners and pass appropriate orders thereon, within an outer limit
of one month from the date of receipt of a copy of this judgment,
after affording an opportunity of being heard to the petitioners and
any other parties.
Sd/-
VIJU ABRAHAM JUDGE
sbk/-
APPENDIX OF WP(C) 20242/2024
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE TAX RECEIPT DATED 11/04/2023 OF THE PROPERTIES BELONGING TO THE 1ST PETITIONER Exhibit -P2 TRUE COPY OF THE TAX RECEIPT DATED 18/05/2023 OF THE PROPERTIES BELONGING TO THE 1ST PETITIONER Exhibit -P3 TRUE COPY OF THE TAX RECEIPT DATED 11/04/2023 OF THE PROPERTY BELONGING TO THE 2ND PETITIONER Exhibit -P4 TRUE COPY OF THE REPRESENTATION DATED 10/05/2024 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT Exhibit -P5 TRUE COPY OF THE REPRESENTATION DATED 10/05/2024 SUBMITTED BY THE 2ND PETITIONER TO THE 1ST RESPONDENT Exhibit -P6 TRUE COPY OF THE REPLY ISSUED BY THE PUBLIC INFORMATION OFFICER /1ST RESPONDENT DATED 3/6/2024
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