High Court of KeralaWP(C)/14314/2015disposed of

Omana @ Pazhani Ammal v. District Collector,Palakkad 678001

2015-05-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 WP(C).No. 14314 of 2015 (L) --------------------------------------- PETITIONER(S):

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1. OMANA @ PAZHANI AMMAL, D/O.N.S.DAS, THENNADY BAZAR, NEAR SAI NILAYAM ARIYUR THAEKKUMURI, OTTAPALAM, PALAKKAD.

2. SUNDARAN, S/O.N.S.DAS, THENNADY BAZAR, NEAR SAI NILAYAM ARIYUR THAEKKUMURI, OTTAPALAM, PALAKKAD.

BY ADV. SRI.VINOD KUMAR.C RESPONDENT(S):

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1. DISTRICT COLLECTOR, PALAKKAD 678001.

2. TAHASILDAR MINI CIVIL STATION, OTTAPPALAM, PALAKKAD 679101.

3. VILLAGE OFFICER, VILLAGE OFFICE, OTTAPALAM II VILLAGE, OTTAPALAM 679101.

BY GOVERNMENT PLEADER SRI.A.MOHAMMED SAVAD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14314 of 2015 (L) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE WILL 19.12.1998 P2:

TRUE COPY OF THE SALE AGREEMENT DT. 26.01.2015 P3:

TRUE COPY OF THE REQUEST BY THE 2ND RESPONDENT DT.NIL RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A. MUHAMED MUSTAQUE, J.

------------------------------- W.P.(C) No.14314 of 2015 ---------------------------------------------- Dated this the 12th day of May, 2015

JUDGMENT

The 1st petitioner is the beneficiary of a will executed by one Lakshmikutty Amma. Second petitioner is the life interest holder of the property. It appears that the 1st petitioner had alienated certain portion of the property. Tahasildar, noting that alienation has taken place without following the stipulation in the will, refused to accept land tax for the petitioner. Tahasildar has communicated the same to the District Law Officer. Aggrieved by the above decision, the petitioner has approached this Court.

2. The 2nd petitioner is the life interest holder. He has no objection in alienation of the property. In that view of the matter, if the life interest holder has no objection, the respondents are directed to accept land tax for the petitioner. Needful shall be done to comply with the order without any delay.

The Writ Petition is disposed of.

Sd/- A. MUHAMED MUSTAQUE, JV JUDGE