IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 20TH DAY OF FEBRUARY 2014/1ST PHALGUNA, 1935
WP(C).No. 31377 of 2013 (V)
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PETITIONERS:
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1. UNNIKRISHNAN NAIR. G.K., AGED 53 YEARS,
S/O.GOPALA PILLAI, KAILAS, VETTIYARA,
NAVAIKULAM, THIRUVANANTHAPURAM.
2. LINA. V.B.,
W/O.UNNIKRISHNAN NAIR, KAILAS, VETTIYARA,
NAVAIKULAM, THIRUVANANTHAPURAM.
BY ADVS.SRI.T.M.ABDUL LATHEEF,
SRI.A.MOHAMED RASHEED.
RESPONDENTS:
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1. THE DISTRICT COLLECTOR,
CIVIL STATION, KODAPPANAKUNNU,
THIRUVANANTHAPURAM - 695 043.
2. ADDITIONAL TAHSILDAR,
TALUK OFFICE, CHIRAYINKEEZHU-695 101.
3. VILLAGE OFFICER,
NAVAIKULAM VILLAGE OFFICE,
NAVAIKULAM, KALLAMBALAM - 695 603.
4. LEGAL SERVICE AUTHORITY,
CHIRAYINKEEZHU - 695 101,
REPRESENTED BY ITS CHAIRMAN.
BY SR. GOVT.PLEADER SMT.M.J. RAJASREE.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20-02-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 31377 of 2013 (V)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 : TRUE COPY OF THE SALE DEED NO.2199 OF 1992
DATED 26.09.1992.
EXHIBIT P2 : TRUE COPY OF THE TAX RECEIPT NO.1 DATED 14.12.1999.
EXHIBIT P3 : TRUE COPY OF THE TAX RECEIPT NO.0850617 DATED 08.04.2013.
EXHIBIT P4 : TRUE COPY OF THE LETTER NO.K/48184/2011 DATED 24.11.2011
ISSUED BY THE 2ND RESPONDENT TO THE FIRST PETITIONER.
EXHIBIT P5 : TRUE COPY OF THE PETITION DATED 28.05.2013 SUBMITTED BY
PETITIONERS BEFORE THE FIRST RESPONDENT.
EXHIBIT P6 : TRUE COPY OF THE COMPLAINT DATED 20.05.2013 SUBMITTED
BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
P.R. RAMACHANDRA MENON, J.
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W.P.(C). No. 31377 of 2013
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Dated this the 20th day of February, 2014
JUDGMENT
The petitioners have approached this Court with the
following prayers:
“i. To call for the records relating to Ext.P1 to
P5 and to issue a writ of mandamus commanding the
frost respondent to conduct enquiry in Ext.P5 petition
and to direct the respondents 2 and 3 to accept land
tax from the petitioners in respect of their property
presently falling in Re-survey No.104/1 or in any
other Re-survey number which correspondent to old
Survey Nos. 4405 and 4392 covered by Ext.P1 sale
deed.
ii. To issue a writ of mandamus commanding
the 4th respondent to settle the dispute regarding the
objection raised by the 3rd respondent in not
accepting land tax in respect of 5 cents of property
covered by Ext.P1 document and to take appropriate
action thereon.”
2. The learned counsel for the petitioner submits that,
there is absolutely no rhyme or reason for the course pursued by
the second respondent who issued Ext.P4 communication dated
24.11.2011 in a cursory manner as the satisfaction of tax in
W.P.C. No. 31377 of 2013 -2-
respect of the entire property, as discernible from Exts.P2 and
P3. The learned counsel also points out that the grievance of the
petitioner has also been projected by way of Ext.P5 pending
consideration before the first respondent; but no action has been
taken so far.
3. Despite several adjournments, no statement has been
filed from the part of the respondents.
4. After hearing the learned counsel for the petitioners and
the learned Government Pleader, this Court finds that, Ext.P5
shall be caused to be considered by the first respondent.
Accordingly, the writ petition is disposed of, directing the first
respondent to consider and pass appropriate orders on Ext.P5
after hearing the petitioners and other interested parties, if any,
at the earliest, at any rate, within ‘two months’ from the date of
receipt of a copy of this judgment.
The petitioners shall produce a copy of the judgment along
with a copy of the writ petition before the concerned respondent
for further steps.
P.R. RAMACHANDRA MENON,
JUDGE.
kp/-