Priyanka Prabhakar v. District Collector, Kollam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 11879 of 2015 (H) ---------------------------- PETITIONER -------------------------- PRIYANKA PRABHAKAR, AGED 30 YEARS D/O. S. PRABHAKARAN, 'BEENA BHAVAN', KANNANMOOLA, THIRUVANANTHAPURAM BY ADVS.SRI.BIJU BALAKRISHNAN SMT.V.S.RAKHEE SMT.PRINCY XAVIER RESPONDENT:

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1. DISTRICT COLLECTOR, COLLECTORATE, KOLLAM PIN -691013

2. REVENUE DIVISIONAL OFFICER, R.D.O. OFFICE, CIVIL STATION, KOLLAM PIN -691013

3. TAHSILDAR , TALUK OFFICE, PUNALUR, KOLLAM DISTRICT . PIN -691305

4. VILLAGE OFFICER, KARAVALOOR VILLAGE OFFICE, KARAVALOOR, KOLLAM DISTRICT , PIN -691333

5. K.S DINESH, AGED 40 YEARS, S/O. SASIDHARAN, "SNEHA", KUTHIRACHIRA, PUNALUR P.O, PUNALUR, KOLLAM DISTRICT. PIN -691305 R BY GOVERNMENT PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11879 of 2015 (H) ---------------------------- APPENDIX PETITIONERS EXHIBITS EXT.P1 COPY OF THE CERTIFIED COPY OF SALE DEED NO.1637/2008 OF SRO, PUNALUR EXT.P2 COPY OF THE TAX PAID RECEIPT DATED 2-4-2014 IN THE NAME OF THE PETITIONER.

EXT.P3 COPY OF THE POSSESSION CERTIFICATE OF THE PROPERTY IN THE NAME OF THE PETITIONER.

EXT.P4 COPY OF the RERESENTATION GIVEN TO THE 4TH RESPONDENT DATED 6-4-2015 EXT.P5 COPY OF THE POSTAL RECEIPT DATED 5-4-2015 EXT.P6 COPY OF THE REPRESENTATION GIVEN TO THE IST RESPONDENT DATED 6-4-2015 EXT.P7 COPY OF THE POSTAL RECEIPT DATED 5-4-2015 EXT.P8 COPY OF THE REPRESENTATION GIVEN TO THE 2ND RESPONDENT DATED 6-4-2015 EXT.P9 COPY OF THE POSTAL RECEIPT DATED 5-4-2015 RESPONDENTS EXHIBITS NIL TRUE COPY P.A TO JUDGE SMM

P.R. RAMACHANDRA MENON,J ................................................. . .............................................. Dated this the 9th day of April, 2015.

J U D G M E N T

The refusal on the part of the revenue authorities in accepting tax from the petitioner in respect of the property covered by Ext.P1, which is in the exclusive ownership and enjoyment of the petitioner, is the subject matter of challenge. It is stated that the petitioner was satisfying the tax of the said property as borne by Ext.P2 dated 2-4-2014. However, raising some false contentions and claims, the 5th respondent herein who is a stranger, satisfied the tax in respect of the property for some period which was wrongly accepted by the revenue authorities, as a result of which, the tax tendered by the petitioner is not being accepted and the hence this writ petition.

2. It is stated that the petitioner has already moved the 1st respondent by filing Ext.P6 representation, which stands served to the said respondent as borne by Ext.P7 and

the prayer is to have the same disposed of within a reasonable time.

3. Heard the learned Government Pleader as well.

4. In view of the limited nature of the reliefs sought for, this Court does not find it necessary to go into the merits of the case or to issue notice to the 5th respondent for the time being.

The writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P6 in accordance with law, after hearing the petitioner and also the fifth respondent, at the earliest, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the concerned respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE smm