N.J.George v. Village Officer, Kootickal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 WP(C).No. 23981 of 2012 (W) ---------------------------- PETITIONER :
----------- N.J.GEORGE, AGED 64 YEARS, S/O.JACOB, NJAVALINKAL, VAZHOOR P.O., VAZHOOR VILLAGE, CHANGANASSERY TALUK, KOTTAYAM.
BY ADVS.SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.S.ASHOK KUMAR.
SRI.NOEL JOSEPH SRI.K.V.REJANISH SMT.P.M.HRIDYA RESPONDENTS :
--------------
1. VILLAGE OFFICER, KOOTICKAL VILLAGE, KOOTICKAL, PIN 686514.
2. THE DISTRICT COLLECTOR, KOTTAYAM, DISTRICT COLLECTORATE, CIVIL STATION, KOTTAYAM, PIN 686002.
3. SUPERINTENDENT, RESURVEY SUPERINTENDENT OFFICE, PALA. PIN 686575.
R1-R3 BY SR. GOVERNMENT PLEADER SRI.T.J.MICHAEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.23981/2012 APPENDIX PETITIONER'S EXHIBITS :- EXT.P-1 THE TRUE COPY OF THE SALE DEED NUMBER 2761 DATED 18/11/1993 OF SRO, POONJAR.
EXT.P-2 THE TRUE COPY OF THE BASIC TAX RECEIPT FOR THE YEAR 1994-95.
EXT.P-3 THE TRUE COPY OF THE POSSESSION AND ENJOYMENT CERTIFICATE NO.267/94 DATED 19/7/1994 ISSUED FOR THE EXHIBIT P1 PROPERTY IN FAVOUR OF THE PETITIONER.
EXT.P-4 THE TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE OF PROPERTY NO.4138/2012 DATED 3/09/2012 ISSUED FOR THE EXHIBIT P1 PROPERTY SHOWING ITS CORRESPONDING RESURVEY NUMBER & EXTENT.
EXT.P-5 THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT NO.150/2009 DATED 3/7/2009 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT.
EXT.P-6 THE TRUE COPY OF THE REMINDER DATED 17/9/2012 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
EXT.P-7 THE TRUE COPY OF THE REMINDER DATED 17/9/2012 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.
RESPONDENTS' EXHIBITS :- NIL.
True copy P.A to Judge
ANIL K.NARENDRAN, J.
------------------------------------ W.P.(C)No.23981 of 2012 ---------------------------------------- Dated this the 23rd day of September, 2015
JUDGMENT
The petitioner, who is stated to be the owner in possession of the land covered by Ext.P1 sale deed No.2761/1993 dated 18.11.1993 of S.R.O.Poonjar, has filed this Writ Petition seeking a writ of mandamus commanding the 1st respondent to accept basic tax for the aforesaid property.
2.
Today when the case was taken up for final hearing the learned counsel for the petitioner would submit that, for the time being the petitioner will be satisfied if the Writ Petition is disposed of directing the 2nd respondent to consider and pass appropriate orders on Ext.P6 representation dated 17.9.2012 submitted by the petitioner.
3.
I heard the arguments of the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondents.
4.
The fact that the petitioner has submitted Ext.P6 representation before the 2nd respondent is not in dispute. In such
W.P.(C).No.23981 of 2012 circumstances, this Writ Petition is disposed of directing the 2nd respondent to consider and pass appropriate orders on Ext.P6 representation, strictly in accordance with law, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment, with notice to the petitioner.
It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioner in Ext.P6 and it is for the 2nd respondent to consider and pass appropriate orders on the said representation, strictly in accordance with law. Sd/- ANIL K.NARENDRAN, JUDGE skj