High Court of KeralaWP(C)/24966/2015disposed of

Gospel For Asia v. State Of Kerala

2015-10-13Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937 WP(C).No. 24966 of 2015 (U) ------------------------------------------ PETITIONER(S) :

-------------------------- GOSPEL FOR ASIA, MANJADI P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, KERALA STATE, REPRESENTED BY SMT.SINY PUNNOOSE, MANAGING TRUSTEE AND CHIEF FUNCTIONARY THROUGH HER POWER OF ATTORNEY HOLDER AND GENERAL ADMINISTRATOR OF THE CHURCH JACOB POTHEN, AGED 57 YEARS, S/O.LATE POTHEN, THERADIYIL HOUSE, NIRANAM WEST MURI, NIRANAM VILLAGE, THIRUVALLA TALUK. BY ADVS.SRI.CHERIAN GEE VARGHESE SRI.P.HARIDAS SMT.S.SIKKY SRI.P.C.SHIJIN RESPONDENT(S) :

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

1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM- 695 001.

2. DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, KAKKANAD, KOCHI- 682 030.

3. TAHSILDAR, KANAYANNUR TALUK, TALUK OFFICE, KOCHI- 682 011.

4. VILLAGE OFFICER, NETTUR P.O., MARADU, ERNAKULAM- 682 304.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 24966 of 2015 (U) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- P1:

TRUE COPY OF THE LAND TAX RECEIPT DATED 17/05/2014 ISSUED BY THE 4TH RESPONDENTS TO THE PETITIONERS.

P2:

TRUE COPY OF THE COMMUNICATION DATED 12/08/2009 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT. P3:

TRUE COPY OF THE COMMUNICATION DATED 08/09/2009 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

RESPONDENT(S)' EXHIBITS :

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

Msd.

A.MUHAMED MUSTAQUE, J.

------------------------------------------ W.P(C).No.24966 of 2015 ------------------------------------------- Dated this the 13th October, 2015

JUDGMENT

The petitioner has approached this Court on account of non acceptance of land tax in respect of the property referred to in the Writ Petition.

The learned Government Pleader, on instructions, would submit that enquiry is being conducted regarding the excess land in possession of the petitioner. On account of the pendency of this proceedings, land tax was not accepted.

This Court is of the view that without prejudice the right to initiate proceedings against any property of the petitioner, land tax shall be accepted by the fourth respondent. Needful shall be done by the fourth respondent within two weeks from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of as above.

A.MUHAMED MUSTAQUE JUDGE vgs13/10/15