Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 20TH DAY OF DECEMBER 2023/29TH AGRAHAYANA, 1945 WP(C) NO.17460 OF 2022 PETITIONER: V.J.THOMAS AGED 80 YEARS VATTAKKUZHIYIL HOUSE, KRA-24, KARIPPAI ROAD, NORTH KALAMASSERY.P.O,ERNAKULAM, PIN - 683104 BY ADV P.B.PRADEEP RESPONDENTS:
1 STATE OF KERALA REP.BY SECRETARY, DEPARTMENT OF REVENUE,THIRUVANANTHAPURAM DISTRICT, PIN - 695001 2 THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030 3 THE REVENUE DIVISIONAL OFFICER X69V+2PX,FIRST FLOOR, K.B.JACOB ROAD, FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001 4 THE TAHASILDAR(L.R) KANAYANNURTALUK, PARK AVE, NEAR SUBHASH PARK, MARINE DRIVE, ERNAKULAM DISTRICT, PIN - 682011 5 THE VILLAGE OFFICER TRIKKAKKARA NORTH VILLAGE, 28M7+R7F, KOONAMTHAI, PADIVATTOM,ERNAKULAMDISTRICT, PIN - 682024 BY SMT.DEEPA U., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.17460 of 2022 2
JUDGMENT
Petitioner is the owner of the properties covered by Exts. P4 & P6 title deeds. Out of the said properties, an extent of 2.10 Ares of land was sold by the petitioner by Ext.P9 sale deed. The grievance of the petitioner is that he is not permitted to remit land tax in respect of the balance property covered by Exts.P4 & P6. Accordingly the petitioner has approached this Court for direction to finalise proceedings pursuant to Ext.P29, after due measurement.
2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.
3. The learned Government Pleader, on
instructions, submits that the 4th respondent has already taken steps to measure the property and the proceedings pursuant to Ext.P29 will be WP(C) No.17460 of 2022 3 finalised within two months.
4. In the light of the said submission, this
writ petition is disposed of, directing the 4th respondent to finalise the proceedings pursuant to Ext.P29 after due measurement, as expeditiously as possible, at any rate within a period of two months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/21/12/2023 WP(C) No.17460 of 2022 4 APPENDIX PETITIONERS' EXHIBITS:- EXHIBIT P1 TRUE COPY OF THE LEASE EXCHANGE DEED NO: 3428/1970 OF THE SRO, EDAPPALLY EXHIBIT P2 TRUE COPY OF THE PURCHASE CERTIFICATE NO: 945/1977 DT: 8-8-77
EXHIBIT P3 TRUE COPY OF SALE DEED NO: 5280/1981 OF EXHIBIT P4 TRUE COPY OF SALE DEED NO: 5281/1981 OF EXHIBIT P5 TRUE COPY OF THE NO OBJECTION
CERTIFICATE DATED: 31-12-1984 ISSUED FROM KALAMASSERYPANCHAYATH EXHIBIT P6 TRUE COPY OF THE GIFT DEED NO: EXHIBIT P7 TRUE COPY OF THE TAX PAID RECEIPT DT: 14-10-1985 WITH RESPECT TO 10 CENTS COVERED BY EXBT-P3 IN THE NAME OF JOSEPH IN TANDAPER NO:10685 EXHIBIT P8 TRUE COPY OF THE TAX PAID RECEIPT DT: 09-12-1985 WITH RESPECT TO 10 CENTS COVERED BY EXBT-P4 IN THE NAME OF PETITIONER, THOMAS IN TANDAPER NO:11692 EXHIBIT P9 TRUE COPY OF THE CERTIFIED COPY OF SALE DEED NO: 1082/1988 OF THE SRO, EDAPPALLY EXHIBIT P10 TRUE COPY OF TAX PAID RECEIPT DATED:
25-03-1993 WITH RESPECT TO 14.800 CENTS IN SY.NO: 1163/1 IN THE NAME OF THOMAS IN TANDAPER NO: 11692 WP(C) No.17460 of 2022 5 EXHIBIT P11 TRUE COPY OF SALE DEED NO: 4540/1996 OF EXHIBIT P12 TRUE COPY OF THE TAX PAID RECEIPT DT: 24-03-1997 WITH RESPECT TO 05.60 ARE IN RE-SURVEY NO:290/8 IN THE NAME OF PETITIONER, THOMAS IN TANDAPER NO:3684
EXHIBIT P13 TRUE COPY OF THE BUILDING PERMIT NO: BA-182/14 DATED: 25-08-2014 ISSUED FROM KALAMASSERY MUNICIPALITY EXHIBIT P14 TRUE COPY OF THE APPROVED BUILDING PLAN FOR EXTENTION TO CONSTRUCT FIRST FLOOR EXHIBIT P15 TRUE COPY OF THE DECREE DATED: 30-09- 2014 ON THE FILE OF MUNSIFFS COURT, ERNAKULAM IN O.S.NO:956/2014 ALONG WITH MEDIATION AGREEMENT EXHIBIT P16 TRUE COPY OF THE COMPLETION CERTIFICATE DATED: 26-09-2017 ISSUED FROM KALAMASSERY MUNICIPALITY EXHIBIT P17 TRUE COPY OF THE LATEST BUILDING TAX PAID RECEIPT DATED: 26-04-2022 ISSUED FROMKALAMASSERY MUNICIPALITY EXHIBIT P18 TRUE COPY OF TAX PAID RECEIPT DATED: 12-06-2015 ISSUED BY R-5 WITH RESPECT EXHIBIT P19 TRUE COPY OF TAX PAID RECEIPT DATED: 08-07-2016 ISSUED BY R-5 WITH RESPECT EXHIBIT P20 TRUE COPY OF TAX PAID RECEIPT DATED: 29-04-2017 ISSUED BY R-5 WITH RESPECT TO 03.50 ARE IN RE-SY.NO: 290/8 IN THE EXHIBIT P21 TRUE COPY OF TAX PAID RECEIPT DATED: WP(C) No.17460 of 2022 6 06-04-2018 ISSUED BY R-5 WITH RESPECT EXHIBIT P22 TRUE COPY OF THE APPLICATION DATED: 21- 12-2020 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.4 EXHIBIT P23 TRUE COPY OF THE APPLICATION DATED: 26- 10-2021 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.4 EXHIBIT P24 TRUE COPY OF THE LETTER DATED: 20-12- 2022 BEARING NO:706/20 ADDRESSED TO RESPONDENT NO.4 BY RESPONDENT NO.5
EXHIBIT P25 TRUE COPY OF THE REPORT PREPARED BY
RESPONDENT NO.5 DATED: 13-04-2022
BEARING NO: 20/22-23 ADDRESSED TORESPONDENT NO.3 EXHIBIT P26 TRUE COPY OF THE TANDAPER EXTRACT TRIKKAKKARA NORTH VILLAGE IN FAVOUR OF THOMAS SURVEY NO.290/8 EXHIBIT P27 TRUE COPY OF THE TANDAPER EXTRACT EXHIBIT P28 TRUE COPY OF THE TANDAPER EXTRACT IN FAVOUR OF VELAYUDHAN, THANDAPER NO EXHIBIT P29 TRUE COPY OF THE ORDER OF TAHASILDAR KANAYANNUR IN NO.S6-13214/2018 DATED: 02-04-2022 EXHIBIT P30 TRUE COPY OF THE CERTIFICATE DATED: 19-
09-2017 ISSUED BY DR.THOMASCHERIYAN, LITTLE FLOWER HOSPITAL & RESEARCH CENTRE, ANGAMALY, EVIDENCING 75% PERMANENT DISABILITY