Pathrose vs the District Collector

Pathrose vs The District Collector

Type Court Judgment Court Kerala Decided Jan 29, 2021

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https://sooperkanoon.com/case/1599315

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Citation: sooperkanoon.com/1599315
Court: Kerala High Court
Judge: Honourable Dr. Justice a.K.Jayasankaran Nambiar
Decided On: Jan 29, 2021
Case Number: WP(C)/2353/2021

Parties & Advocates

Appellant / Petitioner

Pathrose

Respondent

The District Collector

Excerpt

.....petitioner has preferred ext.p3 representation before the 3rd respondent seeking a correction in the basic tax register[btr]. the petitioner has also produced as ext.p2, an orderpassed in terms of clause 6(2) of the kerala land utilisationorder permitting a conversion of the user of the land fornon-agricultural purposes. the limited prayer, at this stage, is for a direction to the 3rd respondent to consider and pass orders on ext.p3 representation, in the light of ext.p2 order, expeditiously, after hearing the petitioner.2. i have heard the learned counsel for the petitioner as also the learned government pleader for the respondents. on a consideration of the facts and circumstances of thecase and the submissions made across the bar, i dispose the writ petition with a direction to the 3 rd respondent to consider and pass orders on ext.p3 representation, in the light of ext.p2 order, w.p.(c).no.2353/2021 :: 3 :: within six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. the petitioner shall produce a copy of the writ petition together with a copy of thisjudgment before the 3rd respondent, for further action.sd/- a.k.jayasankaran nambiar judge prp/29/1/2021 appendix petitioner's exhibits: exhibit p1 true copy of the tax receipt dated 27.10.2020 exhibit p2 true copy of the order issued by the 2nd respondent dated 15.5.1996. exhibit p3 true copy of the representation preferred by the petitioner before the 2nd respondent dated 27.1.2021. respondents exhibits: nil. //true copy// p.s. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 29TH DAY OF JANUARY 2021/9TH MAGHA, 1942 W.P(C).No.2353 OF 2021(T) PETITIONER: PATHROSE AGED 81 YEARS, S/O.VARKEY, THETTAYIL HOUSE, KOTHAKKULANGARA,ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.N.KRISHNA RAJA MAULI RESPONDENTS:
1 THE DISTRICT COLLECTOR CIVIL STATION,KAKKANAD,ERNAKULAM-682 021. 2 REVENUE DIVISIONAL OFFICER, K B JACOB ROAD,FORT KOCHI, ERNAKULAM-682 001. 3 THE TAHSILDAR, ALUVA TALUK OFFICE,ALUVA, ERNAKULAM DISTRICT-683 101. 4 THE VILLAGE OFFICER, NEDUMBASSERY VILLAGE OFFICE, NEDUMBASSERY,ERNAKULAM DISTRICT-683 585. BY SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.2353/2021 :: 2 ::

JUDGMENT

The petitioner has preferred Ext.P3 representation before the 3rd respondent seeking a correction in the Basic Tax Register

[BTR]. The petitioner has also produced as Ext.P2, an order

passed in terms of Clause 6(2) of the Kerala Land Utilisation

Order permitting a conversion of the user of the land for

non-agricultural purposes. The limited prayer, at this stage, is for a direction to the 3rd respondent to consider and pass orders on Ext.P3 representation, in the light of Ext.P2 order, expeditiously, after hearing the petitioner.

2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents. On a consideration of the facts and circumstances of the

case and the submissions made across the Bar, I dispose the writ petition with a direction to the 3 rd respondent to consider and pass orders on Ext.P3 representation, in the light of Ext.P2 order, W.P.(C).No.2353/2021 :: 3 :: within six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this

judgment before the 3rd respondent, for further action.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE prp/29/1/2021 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 27.10.2020 EXHIBIT P2 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 15.5.1996. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 27.1.2021. RESPONDENTS EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE

Same Court & Year Kerala · 2021 Same Parties Pathrose vs The District Collector Same Judge Honourable Dr. Justice a.K.Jayasankaran Nambiar