High Court of KeralaWP(C)/26326/2015disposed of

Antony K.R v. Tahzildar

2015-09-01Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 1ST DAY OF SEPTEMBER 2015/10TH BHADRA, 1937 WP(C).No. 26326 of 2015 (M) ---------------------------------------- PETITIONER(S):

---------------------- ANTONY K.R, S/O RAPHAEL, KOLLAMPARAMBIL HOUSE, PERUMALPPADI, MALIPPURAM POST, KOCHI-682511.

BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S):

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

1. TAHZILDAR, TALUK OFFICE, KOCHI-1.

2. VILLAGE OFFICER, ELAMKUNNAPUZHA VILLAGE, MALIPPURAM POST, KOCHI-682510.

3. ELAMKUNNAPUZHA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MALIPPURAM POST, KOCHI-682510.

4. RADHA SUBRAN, W/O SUBRAN, VALASSERY HOUSE, PERUMALPPADI, VYPEEN-682511.

BY GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26326 of 2015 (M) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE PHOTOCOPYH OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO.32263/2014 DATED 3.1.2014.

EXHIBTI P2:

TRUE PHOTOCOPY OF THE NOTICE ISSUED FROM THE OFFICE OF THE IST RESPONDENT, DATED 26.9.2014 REQUESTING THIS PETITIONER TO PRODUCE ALL RELEVANT RECORDS LEADING TO HIS CLAIM.

EXHIBIT P3:

TRUE PHOTOCOPY OF THE DECISION REACHED OVER THIS PETITIONER'S CLAIM BY THE IST RESPONDENT DATED 4.10.2014. EXHIBIT P4:

TRUE PHOTOCOPY OF THE NOTICE ISSUED FROM THE OFFICE OF THE IST RESPONDENT, TO THE 3RD RESPONDENT VIDE REFERENCE NUMBER S6-13789/13 DATED 3.7.2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A. MUHAMED MUSTAQUE, J.

................................................. W.P.(C) No. 26326 of 2015 (M) ............................................... Dated this the 1st day of September, 2015

JUDGMENT

The petitioner has approached this Court on account of non completion of the proceedings based on Exts.P3 and P4. The matter is relating to the rectification of mistake in showing the extent of land in the re-survey records by the revenue authorities.

2.The learned counsel for the petitioner submits that due to the said omission, the petitioner was allowed to remit land tax only for an extent of 5.189 cents, which is less by 2.086 cents as per records and also resulted in denying a pathway to the peril and prejudice of the petitioner.

3.Heard the learned Government Pleader as well.

W.P.(C) No. 26326 of 2015 (M) 4.In the light of the prayer urged in the writ petition, there shall be a direction to the 1st respondent to conclude the proceedings based on Exts.P3 and P4, with notice to the petitioner and any other affected persons, within a period of three months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE AMV/02/09/