Dr Santhakumar vs District Collector
2024 Latest Caselaw 13880 Ker

Kerala High Court

Dr Santhakumar vs District Collector on 28 May, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
        TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                         WP(C) NO. 19085 OF 2024
PETITIONER/S:

            DR SANTHAKUMAR
            AGED 78 YEARS
            S/O RAGHAVAN , SAROVARAM ,VANCHIYOOR VILLAGE,
            THIRUVANANTHAPURAM., PIN - 690523

            BY ADVS.
            C.S.SUMESH
            ARUN BABU



RESPONDENT/S:

    1       DISTRICT COLLECTOR
            COLLECTORATE , KUDAPPANAMKUNNU THIRUVANANTHAPURAM., PIN
            - 695043

    2       TAHASILDAR (LR)
            TALUK OFFICE, EAST FORT , PAZHAVANGADI ,
            THIRUVANANTHAPURAM ., PIN - 695023

    3       VILLAGE OFFICER
            VANCHIYOOR VILLAGE OFFICE, THIRUVANANTHAPURAM ., PIN -
            695023


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.19085 of 2024              2

                      VIJU ABRAHAM,J
                 -----------------------
                W.P.(C).No.19085 of 2024
            ---------------------------------
           Dated this the 28th day of May, 2024

                           JUDGMENT

Petitioner has approached this Court seeking a

direction to the 1st respondent to consider and pass

orders on Ext.P6 request within a time limit to be

fixed by this Court.

2. The grievance raised by the petitioner is

that in respect of a property having an extent of

4.78 cents comprised in Survey No.565 of Vanchiyoor

Village, petitioner has been duly paying tax till

2018, as is evident from Exts.P2 to P4. After the

resurvey, the 3rd respondent declined to accept tax

on the guise that there are some errors in the

survey plan and that the said survey is in the name

of Housing Board. Aggrieved by the said stand, the

petitioner has approached the 1st respondent by

filing Ext.P6 request in this regard. Pursuant to

the same, Ext.P7 proceedings have been initiated.

Petitioner submits that till date the same is not

completed.

3. Heard the learned Government Pleader also.

After hearing both sides, I am inclined to

dispose of the writ petition with a direction to

the 1st respondent to consider and pass orders on

Ext.P6 representation, at the earliest, at any

rate, within an outer limit of 2 months from the

date of receipt of a copy of the judgment, after

affording an opportunity of being heard to the

petitioner and any other affected parties.

sd/-

VIJU ABRAHAM, JUDGE

pm

APPENDIX OF WP(C) 19085/2024

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER DATED 03-01- 91 OF THE SPECIAL TAHASILDAR.

Exhibit P2 THE TRUE COPY OF THE TAX PAID RECEIPT DATED 25/11/2016 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE TAX PAID RECEIPT DATED 18/11/2017 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE TAX PAID RECEIPT DATED 05/07/2018 ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 THE TRUE COPY OF THE SITE PLAN DATED 09/03/1984 PREPARED BY THE 3RD RESPONDENT.

Exhibit P6 THE TRUE COPY OF THE REPRESENTATION DATED 23/02/2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P7 THE TRUE COPY OF THE LETTER DATED 01/04/2022 ISSUED BY THE 2ND RESPONDENT TO THE ASSISTANT DIRECTOR , CENTRAL SURVEY OFFICE.

Exhibit P8 THE TRUE COPY OF THE NOTICE DATED 02/11/2023 ISSUED BY THE LAWYER OF THE PETITIONER.