Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 8TH DAY OF FEBRUARY 2023 / 19TH MAGHA, 1944 WP(C) NO. 2680 OF 2023 PETITIONER: V.V. SUBHODAYAN AGED 70 YEARS, S/O MADHAVAN, MAZHUVANCHERIL, KAIPPURATHU, THANNEERMUKKAM THEKKU VILLAGE, ALAPPUZHA DISTRICT, PIN - 688 527. BY ADVS. C.DILIP R.PRADEEP ANUSHKA VIJAYAKUMAR RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695 001.’
2 DISTRICT COLLECTOR CIVIL STATION, ALAPPUZHA, PIN - 688 001. 3 TAHSILDAR CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688 524. 4 VILLAGE OFFICER THANNEERMUKKAM SOUTH, CHERTHALA, ALAPPUZHA DISRICT, PIN - 688 527. 5 CHIEF ENGINEER LMS VELLAYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM, PIN - 695 033. 6 EXECUTIVE ENGINEER ALAPPUZHA, PIN - 688 001. ADV. BIMAL K NATH (SR GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.2680 OF 2023 2
JUDGMENT
Petitioner has approached this Court being aggrieved by the fact that the basic land tax in respect of the property belonging to the petitioner is not being accepted by the respondents.
2. The learned counsel appearing for the petitioner
submits that the petitioner obtained 20 cents of land comprised in Sy.No.48/1/5 of Thanneermukkam South Village through Ext.P1 partition deed. It is submitted that when a portion of the said land was encroached upon, allegedly for the purposes of widening the road, the petitioner filed O.S.No.154/1994 and the Munsiff’s Court, Cherthala has through judgment dated 23-06-1999, in the aforesaid Original Suit had directed restoration of the property to the petitioner. It is submitted that an execution petition is pending for execution of the decree in O.S.No.154/1994. It is submitted that there is no rhyme or reason not to accept the basic land tax from the petitioner. The learned counsel appearing for the petitioner prays that the 2nd respondent may be directed to consider WP(C) NO.2680 OF 2023 3 Ext.P4 application made by the petitioner, after affording an opportunity of hearing to the petitioner.
3. The learned Senior Government Pleader submits
that there is no objection in a direction being issued to the 2 nd respondent to consider Ext.P4. Having heard the learned counsel appearing for the petitioner and the learned Senior Government Pleader appearing for the respondents, this writ petition will stand disposed of directing the 2nd respondent to consider and pass orders on Ext.P4 application after affording an opportunity of hearing to the petitioner. While passing orders on Ext.P4, the 2nd respondent shall also have due regard to the judgment and decree in O.S.No.154/1994. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE ats WP(C) NO.2680 OF 2023 4 APPENDIX OF WP(C) 2680/2023 PETITIONER’S EXHIBITS Exhibit P1 TRUE PHOTO COPY OF PARTITION DEED NO.854 / 1985 OF MARARIKULAM S.R.O DATED 22.02.1985 Exhibit P2 TRUE PHOTO COPY OF LAND TAX RECEIPT DATED 20.04.1994 AND ISSUED FROM THE OFFICE OF THANNEERMUKKAM SOUTH VILLAGE. Exhibit P3 4) TRUE PHOTO COPY OF JUDGMENT DATED 23.06.1999 IN O.S NO 154 / 1994 ON THE FILE OF MUNSIFF'S COURT, CHERTHALA. Exhibit P4 TRUE PHOTO COPY OF REPRESENTATION DATED 20.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.