Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 28TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943 PETITIONER: KUNHACHUMMA, AGED 78 YEARS, W/O THITTUMMAL AYDRU HAJI, ARAKKAPARAMBA AMSOM, PUTHUR DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679322. BY ADV K.I.SAGEER IBRAHIM RESPONDENTS: 1 THE TAHSILDAR, PERINTHALMANNA, TALUK OFFICE, PERINTHALMANNA, MALAPPURAM DISTRICT-679322. 2 VILLAGE OFFICER, ARAKKAPARAMBA VILLAGE OFFICE, ARAKKAPARAMBA, PERINTHALMANNA - 679122. SMT.K.AMMINIKUTTY SR.G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner has approached this Court seeking a direction to the respondents to permit her to remit land tax on the property involved in this case and to issue to her a possession certificate with respect to it, without any further delay.
2. The learned Senior Government Pleader,
Smt.K.Amminikutty, answered the afore request of the petitioner as made by her learned counsel, Sri.K.I.Sageer Ibrahim, saying that she has not even approached the competent Authority and that if she does so by tendering the requisite amount, the same can be considered in terms of law and that possession certificate can also be issued, if she is so entitled.
3. Taking note of the afore submissions, I permit the
petitioner or her authorised representative to approach the second respondent - Village Officer, with the amounts required for tax with respect to the property in question and if there are no other legal impediments, the same shall be accepted and the requisite receipt issued to her, along with a possession certificate with respect to the property in terms of law, as expeditiously as is possible, but not later than two weeks from the date on which the amount is tendered.
4. If, for any reason, the Village Officer is to find that the
petitioner has any legal impediment in either remitting the land tax or or in being issued with a possession certificate, he shall issue an appropriate order to her citing the precise reason for the same and this shall be done within a period of two weeks from the date of receipt of a copy of this judgment.
This writ petition is thus ordered. Sd/- DEVAN RAMACHANDRAN JUDGE stu APPENDIX OF WP(C) 3123/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 31.12.1987. Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 11.02.2002 IN A S NO.141/1991 OF DISTRICT JUDGE, MANJERI.