High Court of KeralaWP(C)/26419/2015disposed of

Johnson v. The State Of Kerala

2015-12-18Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 WP(C).No. 26419 of 2015 (B) ---------------------------- PETITIONER:

------------------- JOHNSON, AGED 33, S/O.LATE KOTTANAL SKARIA, KARIVEDAKAM P.O., KASARAGOD TALUK, PIN - 671 541.

BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S):

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

1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT., REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE DISTRICT COLLECTOR, COLLECTORATE, KASARAGOD - 671 101.

3. THE ADDL.TAHSILDAR, KASARAGOD TALUK OFFICE - 671 101.

4. THE KARIVEDAKAM VILLAGE OFFICE, KASARAGOD DISTRICT - 671 101.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 26419 of 2015 (B) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P-1:

A TRUE COPY OF THE PARTITION DEED EXECUTED BETWEEN THE SHARERS DATED 27.6.06.

EXT.P-2:

A TRUE COPY OF THE TAX RECEIPT DATED 3.1.89.

EXT.P-3:

A TRUE COPY OF THE TAX RECEIPT DATED 30.7.2010 FOR PAYING TAX BY PETITIONER'S MOTHER.

EXT.P-4:

A TRUE COPY OF THE ELECTRICITY METER CARD IN THE NAME OF THE FATHER OF THE PETITIONER DATED 19.4.93.

EXT.P-5:

A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN THE NAME OF THE FATHER OF THE PETITIONER DATED 13.4.78. RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

===================== W.P(C)No.26419 of 2015 ========================== Dated this the 18th day of December, 2015

JUDGMENT

Petitioner approaches this Court alleging that respondents refused to accept land tax in respect of the property covered by Ext.P1.

2. The learned Government Pleader, on instructions, submits that petitioner's property is taken over by the Government in 1975.

3. This Court is of the view 3rd respondent shall take decision after adverting to the title of the petitioner and relevant records within a period of two months from the date of receipt of a copy of this judgment. The 3rd respondent shall identify the property claimed by the petitioner. Based upon the outcome of such enquiries, basic tax can be accepted or refused. Needless to say, petitioner has to be heard.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE vdv/21/12/15