Habeeba vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 31, 2020

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Citation: sooperkanoon.com/1732035
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque
Decided On: Jan 31, 2020
Case Number: WP(C)/1285/2020

Parties & Advocates

Appellant / Petitioner

Habeeba

Respondent

State of Kerala

Excerpt

.....to accept land tax onland with sy.no.1152/2 of thrissur village, jointly from the petitioner and all other co-owners by succession, within a time frame fixed by this honourable court. ii) to issue a writ of mandamus or any other appropriate writ,order or direction to the 4th respondent to consider and passorders on ext.p7 within a time frame fixed by this hon'ble court.2. the petitioner's case is that the land in survey no.1152/2 of thrissur village belonged to late a.mohammed hussan. there is aschool building situated in the land. there are disputes regarding managership of the school. the petitioner approached this court for acceptance of land tax in respect of the aforesaid land, jointly from the petitioner and all other co-owners by succession. if there are no disputes among legal heirs, it is open for the tahsildar to accept basic tax from the legal heirs. however, details of devolution should be given to the tahsildar. if there are disputes in regard to the ownership or interest, it is for the tahsildar to decide w.p.(c) no.1285/2020 3 whether basic tax can be accepted from the petitioner or not. therefore, after notice to the petitioner and other legal heirs including the persons who are engaged in the dispute of managership, appropriate decision shall be taken by the tahsildar within a period of three months.this writ petition is disposed of as above. sd/- a.muhamed mustaque judge smp w.p.(c) no.1285/2020 4 appendix petitioner's exhibits: exhibit p1 true copy of the family certificate dated 22.09.2015 exhibit p2 true copy of the family certificate dated 03.08.2017 exhibit p3 true copy of the judgment dated w.p(c)no.20522/2018 dated 21.06.2018 exhibit p4 true copy of the order dated 01.11.2018 of the 3rd respondent exhibit p5 true copy of the enquiry report of the village officer exhibit p6 true copy of the letter dated 05.07.2019 of tahsildr issued to smt.laila exhibit p7 true copy of the representation submitted by the smt.laila dated.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 31ST DAY OF JANUARY 2020 / 11TH MAGHA, 1941 WP(C).No.1285 OF 2020(I) PETITIONER: HABEEBA AGED 32 YEARS D/O.KAMALUDHEEN, KOORKKANCHERRY, THRISSUR-680007 BY ADVS. SRI.LINDONS C.DAVIS SMT.E.U.DHANYA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695001 2 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, AYYANTHOLE, THRISSUR-680003 3 TAHSILDAR(LAND RECORDS) 4 TAHSILDAR 5 VILLAGE OFFICER, VILLAGE OFFICE, THRISSUR DT-680020

OTHER PRESENT: SRI.M R DHANIL, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.1285/2020 2

JUDGMENT

Dated this the 31st day of January 2020 The petitioner approached this Court seeking the following reliefs: i) To issue a writ of mandamus or any other appropriate writ,

order or direction to the respondents to accept land tax on

land with Sy.No.1152/2 of Thrissur Village, jointly from the petitioner and all other co-owners by succession, within a time frame fixed by this Honourable Court. ii) To issue a writ of mandamus or any other appropriate writ,

order or direction to the 4th respondent to consider and pass

orders on Ext.P7 within a time frame fixed by this Hon'ble Court.

2. The petitioner's case is that the land in survey No.1152/2 of Thrissur village belonged to late A.Mohammed Hussan. There is a

school building situated in the land. There are disputes regarding managership of the school. The petitioner approached this Court for acceptance of land tax in respect of the aforesaid land, jointly from the petitioner and all other co-owners by succession. If there are no disputes among legal heirs, it is open for the Tahsildar to accept basic tax from the legal heirs. However, details of devolution should be given to the Tahsildar. If there are disputes in regard to the ownership or interest, it is for the Tahsildar to decide W.P.(C) No.1285/2020 3 whether basic tax can be accepted from the petitioner or not. Therefore, after notice to the petitioner and other legal heirs including the persons who are engaged in the dispute of managership, appropriate decision shall be taken by the Tahsildar within a period of three months.

This writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE smp W.P.(C) No.1285/2020 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE FAMILY CERTIFICATE DATED 22.09.2015 EXHIBIT P2 TRUE COPY OF THE FAMILY CERTIFICATE DATED 03.08.2017 EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED W.P(C)NO.20522/2018 DATED 21.06.2018 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 01.11.2018 OF THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE ENQUIRY REPORT OF THE VILLAGE OFFICER EXHIBIT P6 TRUE COPY OF THE LETTER DATED 05.07.2019 OF TAHSILDR ISSUED TO SMT.LAILA EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE SMT.LAILA DATED 19.07.2019

EXHIBIT P8                TRUE COPY OF THE NOTICE DATED 12.10.2019
EXHIBIT P9                TRUE COPY OF THE NOTICE DATED 12.11.2019
RESPONDENTS' EXHIBITS:   NIL.

True Copy P.S to Judge smp

Same Court & Year Kerala · 2020 Same Parties Habeeba vs State of Kerala Same Judge Honourable Mr. Justice a.Muhamed Mustaque