Bipin.P.P v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 WP(C).No. 25420 of 2014 (B) ---------------------------- PETITIONER :

------------------ BIPIN. P.P., AGED 33 YEARS, S/O. GOVINDAN P., BUSINESS, NAROTH HOUSE, KANNICHIRA, P.O, THIRUVANGAD, TELLICHERRY, KANNUR DISTRICT 670103 BY ADV. SRI.R.SURENDRAN RESPONDENTS :

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

1. STATE OF KERALA REPRESENTED BY THE SERETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001

2. THE TAHSILDAR,THALASSERY TALUK, THALASSERY, KANNUR DISTRICT 670101

3. THE VILLAGE OFFICER, SHIVAPURAM VILLAGE OFFICE, KUNDERIPOYIL, P.O SHIVAPURAM, THALASSERY TALUK, KANNUR DISTRICT 670101 *ADDL. R4 IMPLEADED :

4. MALUE GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY *ADDL. R4 IS SUO MOTU IMPLEADED AS PER ORDER DT 30/9/2014. R1 TO R3 BY GOVERNMENT PLEADER SMT.C.K. SHERIN ADDL.R4 BY ADV. SRI.CIBI THOMAS.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 25420 of 2014 (B) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE DOCUMENT NO 166 OF 1987 OF SRO KUTHUPARAMBA DATED 16-01-1987.

EXHIBIT P2:

TRUE COPY OF THE DEATH CERTIFICATE OF LEELA DATED 23-12-2005 EXHIBIT P3:

TRUE COPY OF THE BASIC TAX RECEIPT DATED 07-06-200 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P4:

TRUE COPY OF THE DECREE DATED 17-06-1996 IN O.S NO 19 OF 1989 ON THE FILE OF THE MUNISFF'S COURT, KUTHUPARAMBA. EXHIBIT P5:

TRUE COPY OF THE JUDGMENT DATED 30-09-1999 IN A.S NO 91 OF 1996 ON THE FILE OF THE PRINCIPAL SUB COURT, THALASSERY. EXHIBIT P6:

TRUE COPY OF THE APPLICATION DATED 12-06-2012 FILED BY THE PETITIONER BEFORE THE TAHSILDAR, THALASSERY RESPONDENT(S)' EXHIBITS :

NIL.

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

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.25420/2014 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st Day of December, 2015

J U D G M E N T

The petitioner has approached this Court on account of non-acceptance of basic tax in respect of the resurvey No. 16/1A of Sivapuram Amson, Kunderipoyil Desom of Thalassery Taluk,. The petitioner refers to civil court judgment and decree.

2.

This Court is of the view that if there is nothing to show that the civil court judgment in favour of the petitioner has been the varied, necessarily, basic tax shall be accepted from the petitioner after hearing the petitioner as well as the additional fourth respondent. Needful shall be done by the Tahsildar within a period of one month from the date of receipt of copy of this judgment. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms