M.K Joseph vs The District Collector
2025 Latest Caselaw 9181 Ker

Kerala High Court

M.K Joseph vs The District Collector on 25 September, 2025

WP(C) NO. 35552 OF 2025
                                           1




                                                                      2025:KER:71772

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                     THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

         THURSDAY, THE 25TH DAY OF SEPTEMBER 2025 / 3RD ASWINA, 1947

                             WP(C) NO. 35552 OF 2025


PETITIONER:
              M.K JOSEPH
              AGED 69 YEARS
              S/O KURIAN,MANAYANIPURATH HOUSE, M 116' CHANGAMPUZHA NAGAR
              DESAM AND POST OFFICE, THRIKKAKARA NORTH VILLAGE, KANAYANNUR
              TALUK, ERNAKULAM DISTRICT., PIN - 682033

              BY ADVS.
              SHRI.SHIBIN K.F.
              SHRI.SEBY JOSEPH
              SMT.ANEENA ROY
              SHRI.RICHARD BABU
              SMT.NISHMMA JAMES


RESPONDENTS:
     1      THE DISTRICT COLLECTOR
            COLLECTORATE, CIVIL STATION, PALAKKAD DISTRICT, KERALA, PIN
            - 678001

     2        DEPUTY DIRECTOR( SURVEY AND LAND RECORDS)
              OFFICE OF DEPUTY DIRECTOR (SURVEY AND LAND RECORDS),
              COLLECTORATE, CIVIL STATION, PALAKKAD DISTRICT, KERALA, PIN
              - 678001

     3        THE TAHSILDAR (LAND RECORDS)
              PATTAMBI TALUK, GROUND FLOOR, MINI CIVIL STATION, PATTAMBI,
              PALAKKAD DISTRICT, KERALA, PIN - 679303

     4        THE VILLAGE OFFICER
              KOPPAM VILLAGE OFFICE, NEAR GRAMA PANCHAYATH OFFICE, KOPPAM
              TOWN, PULASSERY, PALAKKAD DISTRICT, KERALA., PIN - 679307

              GP- AJITH VISHWANATHAN


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
25.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35552 OF 2025
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                                                     2025:KER:71772

                           JUDGMENT

Ext.P2 is an application preferred by the petitioner

seeking correction as regards the diminution of the extent

in the land, for the purposes of remittance of the land

tax. The short grievance of the petitioner is that no action

has been taken on Ext.P2 by the 4th respondent.

2. Having heard the learned counsel for the petitioner and

the learned Government Pleader on behalf of the respondents,

there will be a direction to the 4th respondent to consider

and pass orders in Ext.P2 application in accordance with

law, expeditiously, at any rate within a period of two

months from the date of receipt of a copy of this judgment.

The petitioner will produce a copy of this judgment before

the 4th respondent for compliance.

The Writ Petition is disposed of as above.

Sd/-

                                        C. JAYACHANDRAN
      AP/25-09                              JUDGE
 WP(C) NO. 35552 OF 2025





                                                               2025:KER:71772

                      APPENDIX OF WP(C) 35552/2025

PETITIONER EXHIBITS

Exhibit-P1                A TRUE COPY OF THE PARTNERSHIP DEED, DATED 01-06-

2016, FOR THE PARTNERSHIP FIRM KNOWN AS 'MALABAR GRANITES.

Exhibit-P2 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT, DATED 09-05-25. Exhibit-P3 A TRUE COPY OF THE SALE DEED NO. 826/2008, DATED 26-11-2007, IN THE RECORDS OF THE VILAYUR SUB REGISTRY OFFICE.

Exhibit-P4 A TRUE COPY OF THE SALE DEED NO. 827/2008, DATED 26-11-2007, IN THE RECORDS OF THE VILAYUR SUB REGISTRY OFFICE.

Exhibit-P5 A TRUE COPY OF THE SALE DEED NO. 1531/2009, DATED 15-06-2009, IN THE RECORDS OF THE VILAYUR SUB REGISTRY OFFICE.

Exhibit-P6 A TRUE COPY OF THE SALE DEED NO. 1849/2009, DATED 24-07-2009, IN THE RECORDS OF THE VILAYUR SUB REGISTRY OFFICE.

Exhibit-P7 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE, DATED 11-01-2024, IN RESPECT OF THE 3.42 HECTARES OF LAND IN RESURVEY NO.366 AND ACQUIRED BY THE PETITIONER BY VIRTUE OF THE EXHIBIT-P4 SALE DEED. Exhibit-P8 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE, DATED 02-02-2024 IN RESPECT OF THE 61.92 ARES (0.61 HECTARES) OF LAND IN RESURVEY NO.366 AND 156.62 ARES (1.56 HECTARES) IN RESURVEY NO.365, ACQUIRED BY THE PETITIONER BY VIRTUE OF THE EXHIBIT-P3 SALE DEED.

Exhibit-P9 A TRUE COPY OF THE ENCUMBRANCE CERTIFICATE, DATED 10-01-2024 IN RESPECT OF THE 173.20 ARES (1.73 HECTARES) OF LAND IN RESURVEY NO.365, ACQUIRED BY THE PETITIONER BY VIRTUE OF THE EXHIBIT-P5 SALE DEED.

Exhibit-P10 A TRUE COPY OF THE TAX RECEIPT DATED 23-02-2012. Exhibit-P11 A TRUE COPY OF THE TAX RECEIPT DATED 05-02-2013. Exhibit-P12 A TRUE COPY OF THE TAX RECEIPT DATED 30-06-2014. Exhibit-P13 A TRUE COPY OF THE TAX RECEIPT DATED 31-07-2015. Exhibit-P14 A TRUE COPY OF THE TAX RECEIPT DATED 23-03-2017. Exhibit-P15 A TRUE COPY OF THE TAX RECEIPT DATED 25-06-2018. Exhibit-P16 A TRUE COPY OF THE TAX RECEIPT DATED NIL, FOR THE PERIOD 2020.

Exhibit-P17 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 05-03-2010.

WP(C) NO. 35552 OF 2025

2025:KER:71772

Exhibit-P18 A TRUE COPY OF THE TAX RECEIPT DATED 20-09-2024. Exhibit-P19 A TRUE COPY OF THE NOTICE, DATED 09-06-2025, ISSUED BY THE 4TH RESPONDENT.

Exhibit-P20 THE COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT UPON PRODUCTION OF DOCUMENTS BY THE PETITIONER.

Exhibit-P21 A TRUE COPY OF THE NOTICE DATED 20-08-2025. Exhibit-P22 A TRUE COPY OF THE REPLY LETTER, DATED 28-08-2025, ALONG WITH THE POSTAL RECEIPT SENT BY THE PETITIONER TO THE 3RD RESPONDENT.

Exhibit-P23 A TRUE COPY OF THE RTI APPLICATION DATED 08-05- 2025 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

Exhibit-P24 A TRUE COPY OF THE RTI REPLY DATED 05-08-2025.