Kerala High Court
Vava Mariyam vs The Tahsildar on 23 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.18324/2024 1/3 Order Date : 23-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Thursday, the 23rd day of May 2024 / 2nd Jyaishta, 1946
WP(C) NO. 18324 OF 2024
PETITIONERS:
1. VAVA MARIYAM, AGED 35 YEARS, D/O SIDDIQUE HAJI, RESIDING AT "NOOR
MAHAL", KOVOOR DESAM, NELLIKODE VILLAGE, MEDICAL COLLEGE P.O.,
KOZHIKODE-673 008, REPRESENTED BY HER POWER OF ATTORNEY HOLDER B.P.
SIDDIQUE HAJI, AGED 70 YEARS, S/O MOOLADATH MOHAMMED HAJI, NOOR
MAHAL, KOVOOR DESAM, NELLIKODE VILLAGE MEDICAL COLLEGE P.O.,
KOZHIKODE, PIN - 673008
2. FATHIMA NOOR, AGED 29 YEARS, D/O. SIDDIQUE HAJI, RESIDING AT "NOOR
MAHAL", KOVOOR DESAM, NELLIKODE VILLAGE, MEDICAL COLLEGE P.O.,
KOZHIKODE-673 008, REPRESENTED BY HER POWER OF ATTORNEY HOLDER B.P.
SIDDIQUE HAJI, AGED 70 YEARS, S/O MOOLADATH MOHAMMED HAJI, NOOR
MAHAL, KOVOOR DESAM, NELLIKODE VILLAGE MEDICAL COLLEGE P.O.,
KOZHIKODE, PIN - 673008
RESPONDENT:
THE TAHSILDAR, TALUK OFFICE, WAYANAD ROAD, CIVIL STATION,
ERANHIPPALAM, KOZHIKODE, PIN-673020.
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 stay the operation of Exhibits P10, P12 and P13 orders and all
further proceedings pursuant thereto, pending disposal of the writ
petition.
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.GEORGE POONTHOTTAM (SENIOR.) Advocate along with NISHA
GEORGE, Advocates for the petitioners, the court passed the following:
WP(C) No.18324/2024 2/3 Order Date : 23-05-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P.(C) No. 18324 OF 2024
-------------------------------------------------
Dated this the 23rd day of May, 2024
ORDER
Admit. The learned Government Pleader takes notice
for the respondent.
There will be a stay of operation of Exts.P10, P12 and
Ext.P13 and all further proceedings pursuant thereto on
condition that the petitioners pay the building tax
quantified based on the total plinth area of the apartments
individually owned by them, and standing in their name in
the building. To enable the petitioners to do so, the
respondent shall furnish a revised calculation of the
building tax payable as above. The payment of tax as
above shall be provisional, and subject to the outcome of
the writ petition.
Post on 28.06.2024.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-.
WP(C) No.18324/2024 3/3 Order Date : 23-05-2024
APPENDIX OF WP(C) 18324/2024
Exhibit -P1 TRUE COPY OF SETTLEMENT DEED NO. 2060/2013 OF SRO,
CHEVAYOOR DATED 31.05.2013 EXECUTED BY THE MR. SIDDIQUE
HAJI IN FAVOUR OF MR. M. MUHAMMED, MS. AYSHA BEEGAM AND
THE PETITIONERS
Exhibit-P2 TRUE COPY OF THE LAND OWNERS AGREEMENT DATED 14.06.2013
Exhibit -P3 TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE
KOZHIKODE CORPORATION DATED 01.04.2019
Exhibit -P4 TRUE COPY OF THE GIFT DEED NO. 2084/2019 OF SRO
CHEVAYOOR EXECUTED IN FAVOUR OF THE 1ST PETITIONER AS
REGARDS APARTMENT NO.7B
Exhibit -P5 TRUE COPY OF THE GIFT DEED NO. 2087/2019 OF SRO
CHEVAYOOR EXECUTED IN FAVOUR OF THE 1ST PETITIONER AS
REGARDS APARTMENT NO. 7A
Exhibit -P6 TRUE COPY OF THE GIFT DEED NO. 2083/2019 OF SRO
CHEVAYOOR EXECUTED IN FAVOUR OF THE 2ND PETITIONER AS
REGARDS APARTMENT NO.7C
Exhibit-P7 TRUE COPY OF THE GIFT DEED NOS. 2085/2019 OF SRO
CHEVAYOOR EXECUTED IN FAVOUR OF THE 2ND PETITIONER AS
REGARDS APARTMENT NO.1D
Exhibit-P8 TRUE COPY OF THE GIFT DEED NO.2086/2019 DATED
05.08.2019 EXECUTED IN FAVOUR OF MR. M. MUHAMMED AS
REGARDS APARTMENT NO.7D
Exhibit-P9 TRUE COPY OF THE GIFT DEED NO. 2088/2019 OF SRO
CHEVAYOOR EXECUTED IN FAVOUR OF THE MS.AYSHA BEEGAM AS
REGARDS APARTMENT NO.2D
Exhibit -P10 TRUE COPY OF THE ORDER NO. C5/1940/20 DATED 30.01.2024
ISSUED BY THE TAHSILDAR, KOZHIKKODE
Exhibit -P10(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P10
Exhibit -P11 TRUE COPY OF THE NOTICE DATED 20.02.2024 ISSUED BY THE
RESPONDENT TO MR.SIDDIQUE HAJI
Exhibit-P11(a) TRUE ENGLISH TRANSLATION OF EXHIBIT-P11
Exhibit-P12 TRUE COPY OF THE ORDER NO.CS/1940/20 DATED 15.03.2024
ISSUED BY THE RESPONDENT
Exhibit -P12(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P12
Exhibit-P13 TRUE COPY OF THE ORDER OF ASSESSMENT UNDER FORM V
PASSED BY THE RESPONDENT ASSESSING AUTHORITY DATED
18.03.2024
Exhibit-P14 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 12921/2024
DATED 01.04.2024 PASSED BY THIS HON'BLE COURT
Exhibit-P15 TRUE COPY OF THE INTERIM ORDER DATED 12.04.2024 IN
W.A.NO. 567/2024 PASSED BY THIS HON'BLE COURT
