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Roy Antony vs The District Collector on 5 January, 2011

Kerala High Court
Roy Antony vs The District Collector on 5 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 170 of 2011(U)


1. ROY ANTONY, AGED 44 YEARS,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE THAHSILDAR (REVENUE RECOVERY),

3. THE VILLAGE OFFICER,

4. THE WELFARE FUND INSPECTOR,

                For Petitioner  :SRI.B.PRAMOD

                For Respondent  :SHRI KOSHY GEORGE,SC,KAWWFB

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :05/01/2011

 O R D E R
                       ANTONY DOMINIC, J.

             ```````````````````````````````````````````````````````
                   W.P.(C) No. 170 of 2011 U
             ```````````````````````````````````````````````````````
            Dated this the 5th day of January, 2011

                            J U D G M E N T

Petitioner claims to be the owner of 4.45 Ares of

land in survey Nos.22/18A and 22/15B of Kullckal village,

Alappuzha. His grievance is that the respondents refused to

accept tax in respect of his property on the ground that the

recovery proceedings at the instance of the fourth respondent

are pending against him.

2. Even it is accepted that the proceedings under the

Revenue Recovery Act was pending, still being the owner of

the property, in whose favour the land is mutated, the

petitioner is entitled to pay tax and if such amount is paid, the

respondents are liable to accept it.

3. Therefore, writ petition is disposed of, directing

that, if the petitioner tenders payment of tax in respect of his

property, the same will be accepted by the respondents.

However, it is clarified that this judgment will not stand in

W.P.(C) No.170/2011
: 2 :

the way of the respondents in continuing the recovery

proceedings nor will it affect the right of the petitioner to

challenge the recovery proceedings.

(ANTONY DOMINIC, JUDGE)
aks

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