Magattukandi Kadhisabi vs State Of Kerala Rep. By The Chief ...
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Kerala High Court

Magattukandi Kadhisabi vs State Of Kerala Rep. By The Chief ... on 24 September, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C).No.33306/2024
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                                                2024:KER:70853
            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946

                        WP(C) NO. 33306 OF 2024

PETITIONERS:

     1      MAGATTUKANDI KADHISABI
            AGED 79 YEARS
            D/O. USMANKOYA, TAAZ, SHANTHI COLONY, PALAKKADA,
            EDAKKAD P.O., KOZHIKODE, PIN - 673005

     2      P.N.ASHRAF
            AGED 59 YEARS
            S/O MAMMEDKOYA, TAAZ, SHANTHI COLONY, PALAKKADA,
            EDAKKAD P.O., KOZHIKODE, PIN - 673005


            BY ADVS. NIRMAL.S
            VEENA HARI
            KEERTHY JOHNSON
            ABDUL SAHAD M.H.
            MINTU JOSE




RESPONDENTS:

     1      STATE OF KERALA REP. BY THE CHIEF SECRETARY TO
            GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIATE,
            TRIVANDRUM, PIN - 695001

     2      STATE OF KERALA REP. BY PRINCIPAL SECRETARY TO
            GOVERNMENT (LAND REVENUE), LAND REVENUE
            DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIATE,
            TRIVANDRUM, PIN - 695001

     3      THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL
            STATION P.O., KOZHIKODE, PIN - 673020

     4      THE REVENUE DIVISIONAL OFFICER (RDO),
            CIVIL STATION JUMA MASJID, SH29, ERANHIPPALAM,
            KOZHIKODE, PIN - 673020
 W.P.(C).No.33306/2024
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                                                      2024:KER:70853

     5       THE TAHSILDAR (LAND REVENUE),
             CIVIL STATION, KOZHIKODE, PIN - 673020

     6       THE VILLAGE OFFICER, VILLAGE OFFICE, NAGARAM
             VILLAGE, KOZHIKODE, PIN - 673001


             Sri.B.S.Syamanthak, GP


      THIS    WRIT      PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   24.09.2024,     THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.33306/2024
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                                                     2024:KER:70853
                           JUDGMENT

The petitioners have approached this Court seeking for a

direction to the 3rd and 4th respondents to consider and pass

orders on Exts.P9 and P10 representations submitted by them,

requesting to receive tax in respect of their property covered by

Ext.P1.

Having heard Sri. S. Nirmal, the learned counsel for the

petitioners as well as Sri. B.S. Syamanthak, the learned

Government Pleader, this writ petition is disposed of with a

direction to the 4th respondent to consider and pass orders on

Ext.P10 representation, after hearing the petitioners as well as

other affected parties, in accordance with law, taking into

account the contentions raised by the petitioners in the writ

petition, within a period of three months from the date of receipt

of a copy of this judgment. The petitioners shall produce a copy

of the writ petition before the 4th respondent.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp

2024:KER:70853

APPENDIX OF WP(C) 33306/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ASSIGNMENT DEED NO.1325 OF 1984 DATED 28-07-1984

Exhibit P2 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 21-12-1988

Exhibit P3 TRUE COPY THE MALABAR LAND REGISTRATION ACT 1895

Exhibit P4 TRUE COPY OF THE REGULATION XXVI OF 1802

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED

Exhibit P6 TRUE COPY OF THE LETTER NO.63470/G1/15/REVENUE DATED 30-05-2016 TOGETHER WITH THE COVERING LETTER ISSUED UNDER THE RTI ACT FROM THE OFFICE OF THE 1ST RESPONDENT

Exhibit P7 TRUE COPY OF THE LETTER NO.8750/2015 DATED 17-06-2016 TOGETHER WITH THE COVERING LETTER OBTAINED BY THE PETITIONER'S NEIGHBOR WHO HAS SIMILARLY PLACED LAND, UNDER THE RTI ACT

Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 16-03-

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 22-05-2024 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT TOGETHER WITH THE ACKNOWLEDGMENT RECEIPT

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 22-05-2024 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT

2024:KER:70853 Exhibit P11 TRUE COPY OF THE G.O. REV-

G1/117/2018/REVENUE DATED 10-04-2023 RECEIVED UNDER THE RTI ACT TOGETHER WITH COVERING LETTER

Exhibit P12 TRUE COPY OF THE JUDGMENT DATED