Kerala High Court
M/S. Brahmagiri B Estate vs State Of Kerala on 23 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C).No.36934/2024
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2024:KER:78738
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946
WP(C) NO. 36934 OF 2024
PETITIONERS:
1 M/S. BRAHMAGIRI B ESTATE
THIRUNELLY VILLAGE, MANANTHAVADY TALUK, WAYANAD
DISTRICT, KERALA - , REPRESENTED BY ITS MANAGING
PARTNER RANA GEORGE, AGED 38, S/O K.J GEORGE,
RESIDING AT PENT HOUSE, 7TH FLOOR, ST ANDREWS
BUILDING, EMBASSY GOLFLINK SOFTWARE BUSINESS PARK,
KORAMANGALA RING ROAD, BANGALORE 560 07, PIN -
670646
2 RANA GEORGE
AGED 38 YEARS
S/O K.J GEORGE, RESIDING AT PENT HOUSE, 7TH FLOOR,
ST ANDREWS BUILDING, EMBASSY GOLFLINK SOFTWARE
BUSINESS PARK, KORAMANGALA RING ROAD, BANGALORE,
PIN - 560071
3 K.J. GEORGE
AGED 71 YEARS
SON OF LATE K.C. CHACKO, RESIDING AT PENT HOUSE,
7TH FLOOR, ST ANDREWS BUILDING, EMBASSY GOLFLINK
SOFTWARE BUSINESS PARK, KORAMANGALA RING ROAD,
BANGALORE, PIN - 560071
4 K.J. KURUVILLA
AGED 66 YEARS
SON OF LATE MR, K.C. CHACKO, RESIDING AT NO.513,
EMBASSY WOODS, CUNNIGHAM ROAD, BANGALORE, PIN -
560052
BY ADVS.
M.R.MINI
MEENA.A.
VINOD RAVINDRANATH
ANISH ANTONY ANATHAZHATH
THAREEQ ANVER K.
NIVEDHITHA PREM.V
W.P.(C).No.36934/2024
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RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF REVENUE, KERALA,, PIN - 695001
2 THE DISTRICT COLLECTOR
WAYANAD, COLLECTORATE, NORTH KALPETTA P.O.,
WAYANAD DISTRICT,, PIN - 673122
3 THE TAHSILDAR
MANANTHAVADY TALUK, TALUK OFFICE, MANANTHAVADY,
WAYANAD DISTRICT,, PIN - 670645
4 THE VILLAGE OFFICER
THIRUNELLY VILLAGE, MANANTHAVADY TALUK, WAYANAD
DISTRICT, PIN - 670646
SRI.B.S.SYAMANTHAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.36934/2024
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JUDGMENT
This writ petition has been filed to give a direction to the
2nd respondent to dispose of Ext.P12 appeal within a time frame.
The learned counsel for the petitioners submitted that on
19.10.2024, Ext.P12 appeal has been disposed of. Hence, this
writ petition is closed, with liberty to the petitioners to challenge
the order passed in Ext.P12 appeal in accordance with law.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
2024:KER:78738
APPENDIX OF WP(C) 36934/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DOCUMENT OF
RECONSTITUTION OF PARTNERSHIP DATED
06.08.2019 I
Exhibit P2 TRUE COPY OF THE JUDGMENT ALONG WITH
JOINT PETITION DATED 13.11.2019 IN RFA
Exhibit P3 TRUE COPIES OF THE ENTRIES MADE IN THE
REGISTRAR OF FIRMS DATED 21.12.2020 WITH
RESPECT TO THE RECONSTITUTION OF THE
PARTNERSHIP
Exhibit P4 TRUE COPY OF THE TTHANDAPER ACCOUNT
EXTRACT DATED 21.06.2019 WITH RESPECT TO
THANDAPER NO 2019/20713/2012
Exhibit P5 TRUE COPY OF THE TAX RECEIPT DATED
21.06.2019
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
24.06.2021
Exhibit P7 TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE VILLAGE OFFICER
DATED 17,02.2022
Exhibit P8 TRUE COPY OF THE NOTICE DATED 14.03.2022
INTIMATING THE ORDER REJECTING EXHIBIT
P6
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED
24.01.2023 IN W.P(C) NO. 12710/2022
Exhibit P10 TRUE COPY OF THE LETTER DATED
13,04.2023TO THE 3RD RESPONDENT TO
CORRECT THE ENTRIES IN THE REVENUE
RECORDS IN RESPECT OF THE PROPERTIES
BELONGING THE FIRM WITH THANDAPER 1746
Exhibit P11 TRUE COPY OF THE ORDER OF THE VILLAGE
OFFICER, THIRUNELLI DATED 17.06.2023
REJECTING THE REQUEST MADE BY THE
PETITIONERS
2024:KER:78738
Exhibit P12 TRUE COPY OF THE APPEAL DATED 05.09.2023
FILED BEFORE THE DISTRICT COLLECTOR,
WAYANAD
Exhibit P13 TRUE COPY OF THE LETTER DATED 07.12.2023
TO THE FORMER PARTNER MICHAEL VAN INGEN
ASKING HIM TO APPEAR BEFORE THE VILLAGE
OFFICER FOR HEARING HIM AS THE NAME
HOLDER IN THE VILLAGE TAX REGISTER
REGARDING THE FIRM
Exhibit P14 TRUE COPY OF REPLY TO EXHIBIT P13,
MICHAEL VAN INGEN SUBMITTED A WRITTEN
SUBMISSION DATED NIL,
Exhibit P15 TRUE COPY OF THE NOTICE DATED 12.02.2024
NO.G5-173/21 ISSUED BY TALUK OFFICE,
MANANTHAVADY
Exhibit P16 TRUE COPY OF THE REPORT OF THE THE
TAHSILDAR (LR), MANANTHAVADY TALUK
OFFICE, DATED 01.03.2024 TO THE DISTRICT
COLLECTOR
