High Court Kerala High Court

Dr.Dushyanthan vs State Of Kerala on 2 February, 2010

Kerala High Court
Dr.Dushyanthan vs State Of Kerala on 2 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3208 of 2009(F)


1. DR.DUSHYANTHAN, S/O.VASUDEVAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. SECRETARY,

3. THE PUBLIC INFORMATION OFFICER,

4. THE VILLAGE OFFICER,

                For Petitioner  :SRI.LIJU. M.P

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :02/02/2010

 O R D E R
                  Thottathil B. Radhakrishnan, J.

              - - - - - - - - - - - - - - - - -- - - - - - - -
                     W.P.(C) No. 3208 OF 2009
            - - - - - - - - - - - - - - - - - - - - - - - - - - -
             Dated this the 2nd day of February, 2010

                               JUDGMENT

The petitioner says that he is the Thandaper account holder

of a land in question in relation to which he made Ext.P4 petition

seeking that land tax may be accepted from him. The receipt of

basic tax accounted as against a particular Thandaper account is

a manner of obtaining revenue for the State. Pendency of civil

suits or other such proceedings would have no bearing on the

right of the State to collect basic tax and the entitlement of the

citizen to pay tax as against the Thandaper account under which

the property stands. Even if the amounts are paid by any other

person, due credit will be given to the Thandaper account even, if

necessary, by noting the identity of the person from whom the

amount is received.

2. Under such circumstances, the 4th respondent is directed

to take up Ext.P4 and do the needful as stated above. If for any

reason the 4th respondent comes to the conclusion that basic tax

cannot be received for reasons otherwise than noticed herein

WPC No.3208 of 2009
-:2:-

above, specific orders shall be issued stating such reasons.

Needful shall be done in this regard within four weeks of receipt

of a copy of this judgment. Writ Petition is ordered accordingly.

Thottathil B. Radhakrishnan,
Judge.

ttb

WPC No.3208 of 2009
-:3:-