← Library
High Court of KeralaWP(C)/24866/2015disposed of

Dakshayani v. Revenue Divisional Officer/Sub Collector

2015-10-06Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 WP(C).No. 24866 of 2015 (G) ---------------------------- PETITIONER(S):

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

1. DAKSHAYANI, D/O.NARAYANAN, PALLIYALIMUTHUKATTIL MUTHUKADU, NILAMBUR VILLAGE, NILAMBUR TALUK, MALAPPURAM DISTRICT.

2. RADHAKRISHNAN, S/O.NARAYANAN, PALLIYALIMUTHUKATTIL MUTHUKADU NILAMBUR VILLAGE, NILAMBUR TALUK, MALAPPURAM DISTRICT.

3. KOMALAVALLY, D/O.NARAYANAN, PALLIYALIMUTHUKATTIL MUTHUKADU NILAMBUR VILLAGE, NILAMBUR TALUK, MALAPPURAM DISTRICT. (PETITIONERS 1 AND 3 ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER RADHAKRISHNAN, S/O.NARAYANAN, PALLIYALIMUTHUKATTIL, MUTHUKADU, NILAMBUR VILLAGE, NILAMBUR TALUK, MALAPPURAM DISTRICT, THE SECOND PETITIONER HEREIN.) BY ADVS.SRI.K.M.SATHYANATHA MENON SRI.A.SANTHOSHKUMAR SMT.KAVERY S THAMPI SMT.ANJANA KANNATH RESPONDENT(S):

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

1. REVENUE DIVISIONAL OFFICER/SUB COLLECTOR, OFFICE OF THE SUB COLLECTOR, PERINTHALMANNA, MALAPPURAM DISTRICT PIN - 679 322.

2. MUTHUKAD AYYAPPA BAJANA MADOM COMMITTEE, MUTHUKAD, RAMANKUTHU P.O., NILAMBUR, MALAPPURAM DISTRICT PIN - 679 330 REPRESENTED BY ITS SECRETARY.

R BY GOVERNMENT PLEADER SRI.P.P.PADMALAYAN.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24866 of 2015 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXT.P1: TRUE COPY OF THE REPORT DATED 23/05/2013 OF THE 4TH RESPONDENT. EXT.P2: TRUE COPY OF THE REPORT DATED 17/07/2013 OF THE HEAD SURVEYOR, NILAMBUR TALUK.

EXT.P3: TRUE COPY OF THE ORDER OF THE ADDITIONAL TAHSILDAR, NILAMBUR TALUK.

EXT.P4: TRUE COPY OF THE BASIC TAX REGISTER ISSUED BY THE ADDITIONAL TAHSILDAR, NILAMBUR.

EXT.P5: TRUE COPY OF THE A REGISTER MAINTAINED BY THE VILLAGE OFFICER, NILAMBUR.

EXT.P6: TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE VILLAGE OFFICE, NILAMBUR.

EXT.P7: TRUE COPY OF THE JUDGMENT DATED 21/10/2014 IN WPC.NO.6329 OF 2014.

EXT.P8: TRUE COPY OF THE APPEAL SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT.

EXT.P9: TRUE COPY OF THE APPLICATION FOR IMPLEADMENT SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 20/11/2014. EXT.P10: TRUE COPY OF THE STATEMENT SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 21/05/2015.

EXT.P11: TRUE COPY OF THE ORDER DATED 03/06/2015 ISSUED BY THE 1ST RESPONDENT.

EXT.P12: TRUE COPY OF THE MEMORANDUM OF WPC.NO.2002/2015 ALONG WITH EXHIBITS.

EXT.P12(A): TRUE COPY OF THE INTERIM ORDER DATED 22/01/2015 IN WPC.NO.2002/2015.

RESPONDENT(S)' EXHIBITS : NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.24866 of 2015 --------------------- Dated this the 6th day of October, 2015

J U D G M E N T

The order of stay in W.P.(C) No.2002/2015 pertains to the demolition of an alleged unauthorised structure. That has no relevance as regards the payment of basic tax by the petitioners. Ext.P11 order of the first respondent holding up the proceedings in view of the order of stay in W.P.(C) No.2002/2015 is quashed. The first respondent is directed to consider Ext.P9 application for impleadment and proceed further in the matter.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/06.10.15