High Court of KeralaWP(C)/24452/2015disposed of

Aliyamma Varghese v. The District Collector, Idukki

2015-09-07Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 WP(C).No. 24452 of 2015 (F) --------------------------------------- PETITIONER(S):

----------------------- ALIYAMMA VARGHESE, AGED 80 YEARS, W/O.LATE T.C.VARGHESE, THUDUMEL HOUSE, VALARA P.O., 10TH MILE, IDUKKI DISTRICT.

BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, IDUKKI, COLLECTORATE, PAINAVU, IDUKKI - 685 586.

2. THE TAHASILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT - 685 586.

3. THE VILLAGE OFFICER, MANNAMKANDAM VILLAGE, ADIMALI, DEVIKULAM TALUK, IDUKKI DISTRICT - 685 586.

4. THE SURVEY SUPERINTENDENT, DEVIKULAM TALUK, IDUKKI DISTRICT - 685 586.

BY SPECIAL GOVERNMENT PLEADER SMT.SUSHEELA R.BHAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-09-2015, ALONG WITH WPC. 24461/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

msv/

WP(C).No. 24452 of 2015 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1: TRUE COPY OF THE PATTA ISSUED BY THE SPECIAL TAHSILDAR, DEVIKULAM DATED 14/9/1971.

P2: TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 8/3/1995.

P3: TRUE COPY OF THE LETTER OF THE TALUK SURVEYOR, DEVIKULAM TALUK DATED 2/12/2011.

P4: TRUE COPY OF THE REPRESENTATION OF THE PETITIONER SUBMITTED BEFORE THE HON'BLE CHIEF MINISTER OF KERALA DATED 17/4/2015. P5: TRUE COPY OF THE RECEIPT ACKNOWLEDGING ACCEPTANCE OF EXT.P4. P6: TRUE COPY OF THE REPLY DATED 5/6/2015 OF THE 3RD RESPONDENT. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).Nos.24452 and 24461 of 2015 ================== Dated this the 7th day of September, 2015

J U D G M E N T

Petitioners (Mother and Son) approached this Court, on account of non acceptance of land tax in these two separate writ petitions.

The learned Special Government Pleader submits that land tax is not accepted from the petitioners for the reason that the land of the petitioners is not included in resurvey records. 3.

In that view of the matter, the petitioners shall approach the 2nd respondent with relevant records. Thereafter the 2nd respondent shall cause 4th respondent to conduct a survey. Needful shall be done within a period of three months from the date of receipt of a copy of this judgment. Based on the report of the 4th respondent and the decision of the Tahsildar, land tax shall be accepted from the petitioners.

The writ petitions are disposed of as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE

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