Sundaran Karuvamkandiyil vs The District Collector on 31 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34453 of 2006(B)


1. SUNDARAN KARUVAMKANDIYIL,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE TAHASILDAR, VADAKARA TALUK,

3. THE VILLAGE OFFICER,

                For Petitioner  :SRI.M.C.ANTONY

                For Respondent  : No Appearance

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :31/03/2009

 O R D E R
                   HARUN-UL-RASHID, J.
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                  W.P.(C) No.34453 OF 2006
                   ---------------------------------------
            Dated this the 31st day of March, 2009


                            JUDGMENT

The case of the petitioner is that he owns and possesses

= right in 48 cents of land comprised in Sy.No.11/1 of Palayad

Village of Vadakara Taluk. Ext.P1 is the sale deed No.3022/97

which stands in his name. The petitioner also produced the

encumbrance certificate issued by the Sub Registrar Office for

the periods from 01.01.1986 to 15.04.1988 and from

01.01.1994 to 19.08.2006 and marked as Exts.P2 and P3. Also

produced tax receipts issued to his vendor dated 28.01.1995

for payment of land tax. The said receipt is Ext.P4.

2. It is the complaint of the petitioner that the Village

Officer did not accept the land tax and therefore, he submitted

a representation to the District Collector. It is also submitted

that inspite of direction issued by this court, the respondents

are not accepting the land tax. Ext.P9 order was passed by the

Tahsildar stating that the petitioner did not produce the

documents within the time prescribed and did not point out

the property in possession to accept the tax from the

W.P.(C) No.34453 of 2006 2

petitioner. The petitioner has produced the copy of the sale

deed and other connected records before this court. It is

submitted that the petitioner approached all the authorities

and requested for permitting him to remit the land tax.

3. The learned Government Pleader submitted that the

petitioner did not apply in the prescribed form under the

Transfer of Registry Rules and if application is submitted in

the proper form, the same will be considered immediately.

4. In the circumstances, this court directed the

petitioner and his co-sharers to submit the application in the

prescribed form with copies of necessary documents to the

Tahsildar within two weeks from today and the Tahsildar shall

pass appropriate orders within a period of one month

thereafter.

The writ petition is disposed of as above.

HARUN-UL-RASHID
JUDGE
pac