High Court of KeralaWP(C)/18646/2015disposed of

Abdul Azeez v. The District Collector

2015-12-15Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 WP(C).No. 18646 of 2015 (E) ---------------------------------------- PETITIONER(S):

----------------------- ABDUL AZEEZ, AGED 44 YEARS, S/O. ABU HAJI, PADUPPAN HOUSE, CHEMBRAKATTOOR, AREACODE, MALAPPURAM DISTRICT.

BY ADV. SRI.BABU S. NAIR RESPONDENT(S):

-------------------------

1. THE DISTRICT COLLECTOR, MALAPPURAM, PIN:676 505.

2. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN:679 322.

3. THE TAHSILDAR, ERNAD TALUK, MANJERI, MALAPPURAM DISTRICT, PIN:676 121.

4. THE VILLAGE OFFICER, OORNGATTIRI VILLAGE, MALAPPURAM DISTRICT, PIN:673 639. * ADDITIONAL R5 IMPLEADED

5. KODAKKADAN MUHAMMED, THENCHERI, POOVATHIKKAL, MALAPPURAM DISTRICT - 673 639.

* R5 IMPLEADED AS PER ORDER DTD.15.12.2015 IN IA.9382/2015 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 18646 of 2015 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE LAND TAX RECEIPT ISSUED FROM THE OORNGATTIRI VILLAGE DATED, 21.11.2006.

EXHIBTI P2: TRUE COPY OF THE LAND TAX RECEIPT ISSUED FROM THE OORNGATTIRI VILLAGE DATED, 2.6.2007.

EXHIBIT P3: TRUE COPY OF THE TAND TAX RECEIPT ISSUED FROM THE OORNGATTIRI VILLAGE DATED, 5.8.2009.

EXHIBIT P4: TRUE COPY OF THE LAND TAX RECEIPT ISSUED FROM THE OORNGATTIRI VILLAGE DATED, 6.2.2014.

EXHIBIT P5: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS DATED 5.6.2015.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msv/

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No. 18646/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th Day of December, 2015

J U D G M E N T

The petitioner claims title of the property is comprised in the survey Nos. 78/1 pt., 78/2 and 79/1 pt. in Block No.27 of Oorngattiri Village, Ernad Taluk in Malappuram District. It appears that another person has also raised a claim for the above property and has paid tax. The petitioner has approached this Court on account of non-acceptance of basic tax.

The Court is of the view that the Additional Tahsildar shall take a decision in the matter after hearing the petitioner and any other affected parties. An appropriate decision shall be taken within a period of two months from the date of receipt of a copy of this judgment and based on the outcome of the above decision; basic tax can be accepted from the petitioner. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms