Marakkar vs State Of Kerala
2024 Latest Caselaw 29928 Ker

Kerala High Court

Marakkar vs State Of Kerala on 22 October, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C) No. 14124 of 2024

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

    TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                        WP(C) NO. 14124 OF 2024

PETITIONER:

            MARAKKAR
            AGED 60 YEARS, S/O. KUNHAYAMMU,
            PARNIKKARUPARAMBIL (H), MANNARKKADU (PO),
            PALAKKAD DISTRICT, PIN - 678582

            BY ADVS.
            K.B.ARUNKUMAR
            POOJA K.S.
RESPONDENTS:

     1      STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT,
            REVENUE DEPARTMENT,
            THIRUVANANTHAPURAM, PIN - 682031
     2      THE DISTRICT COLLECTOR
            CIVIL STATION PALAKKAD
            PALAKKAD DISTRICT, PIN - 678001
     3      THE TALUK LAND BOARD
            OTTAPPALAM, PALAKKAD
            REPRESENTED BY ITS CHAIRMAN, PIN - 679101
     4      REVENUE DIVISIONAL OFFICER
            TALUK OFFICE, OTTAPALAM, PIN - 679101
     5      THE TAHSILDAR
            MANNARKKAD, PALAKKAD, PIN - 678582
     6      THE VILLAGE OFFICER
            KARIMPUZHA-1 VILLAGE,
            PALAKKAD, PIN - 679513
 W.P.(C) No. 14124 of 2024

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     7      ADDL. R7. THE TAHSILDAR,
            OTTAPALAM, PALAKKAD DISTRICT, PIN: 679 101 IS
            IMPLEADED AS ADDL. R7 IN WP(C) 14124/2024
            AS PER ORDER DATED 27/06/2024 IN I.A.1/2024.
            DEEPA V., GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 14124 of 2024

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                            JUDGMENT

The petitioner along with his brother, purchased 20 cents of land

as per Ext.P1 deed. According to the petitioner, when he approached

the respondent No.5 for remitting tax, he was informed that the

property was included in the excess land and therefore tax cannot be

accepted. Thereafter, the petitioner preferred Ext.P3 application before

the respondent No.5 for effecting mutation. The respondent No.5

conducted enquiry through respondent No.6 and forwarded Ext.P3 to

the respondent No.3 for appropriate action. The grievance of the

petitioner is that the respondent No.3 has not passed any orders on

the proceedings initiated on Ext.P3 application.

Having heard Sri.K.B.Arunkumar, the learned counsel appearing

for the petitioner and Smt.Deepa V., the learned Government Pleader,

this writ petition is disposed of with a direction to the respondent No.3

to dispose of Ext.P3 application, in accordance with law, after hearing

the petitioner, within a period of four months from the date of receipt

of a copy of this judgment.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

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2024:KER:78438

APPENDIX OF WP(C) 14124/2024

PETITIONER EXHIBITS

EXHIBIT P-1 THE TRUE COPY OF THE SALE DEED NUMBERED AS SALE DEED NO. 2475/1989 OF SRO, MANNARKKADU

EXHIBIT P-2 THE TRUE COPY OF THE PURCHASE CERTIFICATE DATED 31.05.1982 ISSUED BY THE LAND TRIBUNAL, SREEKRISHNAPURAM, PALAKKAD DISTRICT

EXHIBIT P-3 TRUE COPY OF THE APPLICATION DATED 08.11.2023