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Sumangali V Vs TAHSILDAR

Sumangali V vs Tahsildar

Type Court Judgment Court Kerala Decided Aug 01, 2023
~2 min read
https://sooperkanoon.com/case/1378439

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/24891/2023

Parties & Advocates

Appellant / Petitioner

Sumangali V

Respondent

Tahsildar

Excerpt

.....has approached this court seeking an expeditious consideration of ext.p4 application filed by the petitioner in form-8 of the survey and boundaries rules. though the petitioner has sought for a direction to accept basic land tax, the learned counsel for the petitioner submits that the same can be considered only after the survey is completed.2. the learned government pleader submits that there is noobjection in a direction being issued to the 2 nd respondent to consider ext.p4 in accordance with the law. accordingly, this writ petition will stand disposed of directing the 2nd respondent to consider ext.p4 and to take necessary action thereon, within a period of two months from the date of receipt of a certified copy of this judgment. any request for payment of basic land tax shall be considered by the competent authority after the survey is completed as above. sd/- gopinath p. judge acd w.p.(c)no.24891/2023 3 appendix of wp(c) 24891/2023 petitioner exhibits exhibit p-1 a true copy of the request dated 24-8-2022 submitted by one of the legal heir to the 4th respondent exhibit p-2 a true copy of the application dated 6-1- 2023 submitted by the prasannakumari to the 1st respondent exhibit 3 a true copy of the reply dated 18-1-2023 issued by the 2nd respondent to the sister of the petitioner exhibit p-4 a true copy of the application submitted by the petitioner under rule 27 dated 19- 6-2023 for the survey and subdivision of the property exhibit p-5 a true copy of the sealed endorsement dated 19-6-2023 with file no. b3-558973/23 issued by the office of the 1st respondent

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(C) NO. 24891 OF 2023 PETITIONER/S: SUMANGALI V AGED 44 YEARS D/O PRAHLADAN NAIR & W/O MOOTHEDATH VIJAYKUMAR,VEZHAMPARAMBATH HOUSE, EDAKKAZHIYOOR PO. EDAKKAZHIYOOR VILLAGE, CHAVAKKAD TALUK, THRISSUR DT, PIN - 680515 BY ADVS. SHOBY K.FRANCIS AGI SHOBY SHIFANA M. RESPONDENTS: 1 TAHSILDAR 2 ADDL. TAHSILDAR 3 TALUK SURVEYOR DT., PIN - 680506 4 VILLAGE OFFICER EDAKKAZHIYOOR VILLAGE, , EDAKKAZHIYOOR PO, THRISSUR DT, PIN - 680515 BY ADV GOVERNMENT PLEADER OTHER PRESENT: SMT. PREETHA K K (SR GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.24891/2023 2

JUDGMENT

The petitioner has approached this Court seeking an expeditious consideration of Ext.P4 application filed by the petitioner in Form-8 of the Survey and Boundaries Rules. Though the petitioner has sought for a direction to accept basic land tax, the learned counsel for the petitioner submits that the same can be considered only after the survey is completed.

2. The learned Government Pleader submits that there is no

objection in a direction being issued to the 2 nd respondent to consider Ext.P4 in accordance with the law. Accordingly, this writ petition will stand disposed of directing the 2nd respondent to consider Ext.P4 and to take necessary action thereon, within a period of two months from the date of receipt of a certified copy of this judgment. Any request for payment of basic land tax shall be considered by the competent authority after the survey is completed as above. Sd/- GOPINATH P. JUDGE acd W.P.(C)No.24891/2023 3 APPENDIX OF WP(C) 24891/2023 PETITIONER EXHIBITS Exhibit P-1 A TRUE COPY OF THE REQUEST DATED 24-8-2022 SUBMITTED BY ONE OF THE LEGAL HEIR TO THE 4TH RESPONDENT Exhibit P-2 A TRUE COPY OF THE APPLICATION DATED 6-1- 2023 SUBMITTED BY THE PRASANNAKUMARI TO THE 1ST RESPONDENT Exhibit 3 A TRUE COPY OF THE REPLY DATED 18-1-2023 ISSUED BY THE 2ND RESPONDENT TO THE SISTER OF THE PETITIONER Exhibit P-4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RULE 27 DATED 19- 6-2023 FOR THE SURVEY AND SUBDIVISION OF THE PROPERTY Exhibit P-5 A TRUE COPY OF THE SEALED ENDORSEMENT DATED 19-6-2023 WITH FILE NO. B3-558973/23 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT

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