S. Shanmugavel v. District Collector, Idukki District
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 19TH DAY OF FEBRUARY 2015/30TH MAGHA, 1936 WP(C).No. 198 of 2015 (Y) -------------------------- PETITIONER:
------------------- S. SHANMUGAVEL, S/O.SOOSA(LATE), AGED 59 YEARS, MALAMCHERUVIL HOUSE, K.D.H VILLEGE, DEVIKULAM.
BY ADV. SRI.K.I.SAGEER RESPONDENT(S):
--------------------------
1. DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, IDUKKI, PIN - 685 001.
2. TAHASILDHAR, TALUK OFFICE, DEVIKULAM, IDUKKI DISTRICT, PIN - 685 565.
3. VILLEGE OFFICER, VILLEGE OFFICE, PALLIVASAL, IDUKKI DISTRICT, PIN - 685 565.
BYSPECIAL GOVT. PLEADER(REVENUE) SMT.SUSHEELA BHAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 198 of 2015 (Y) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS:
------------------------------------- EXHIBIT P1 :
A TRUE COPY OF THE SALE DEED NO 2576/2004 OF S.R.O DEVIKULAM DT. 23-07-2004.
EXHIBIT P2 :
A TRUE COPY OF THE OF THE POSSESSION CERTIFICATE ISSUED BY THE 3RD RESPONDENT DT. 13-08-2004.
EXHIBIT P3 :
A TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 3RD RESPONDENT DT. 09-04-2012.
EXHIBIT P4 :
A TRUE COPY OF THE JUDGMENT DT. 26-06-2014 IN C.C NO 67/2011 ON THE FILE OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA.
EXHIBIT P5 :
A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DT. 29-07-2014.
EXHBIIT P6 :
A TRUE COPY OF THE COMMUNICATION NO 294/14 DT. 31-07-2014 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS:
- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/
P.R.RAMACHANDRA MENON, J.
=========================== W.P.(C) No.198 OF 2015 =========================== Dated this the 19th day of February, 2015
JUDGMENT
The petitioner has approached this Court with the following prayers:
"(a) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to accept land tax in respect of 2.8 ares of property comprised in Sy.No.284/6 of Pallivasal Village as per sale deed no.2576/2004 of S.R.O., Devikulam owned and possessed by the petitioner expeditiously within the time limit fixed by this Hon'ble Court; (b) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to consider and pass orders on Ext.P5 within the time limit fixed by this Hon'ble Court after affording an opportunity of hearing to the petitioner; and (c) To issue such other appropriate writs, orders or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case."
W.P.(C) No.198 of 2015 2.
The learned Special Government Pleader, on instructions, submits that steps have already been taken to cause acceptance of tax in respect of the property concerned, which do not form the subject matter of Vigilance enquiry and that necessary instructions have already been given to the concerned respondents.
3. The said submission is recorded and in the above circumstances, no further orders are called for. The writ petition is disposed of directing the respondents to finalise the matter in this regard and to accept the tax to the above extent as and when the same is tendered. Sd/- P.R.RAMACHANDRA MENON JUDGE //true copy// P.S. to Judge St/-