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High Court of KeralaWP(C)/27202/2015disposed of

Muhammed Ali K v. The Village Officer

2015-09-23Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 WP(C).No. 27202 of 2015 (A) ----------------------------------------- PETITIONER(S) :

-------------------------- MUHAMMED ALI K., AGED 39 YEARS, S/O.IBRAHIM, KALIKANDATHIL HOUSE, ATTASSERY, KOTTAPPURAM P.O., PALAKKAD DISTRICT, PIN- 679 518. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S) :

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

1. THE VILLAGE OFFICER, KARIMBUZHA-1 VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT- 679 101.

2. THE TAHSILDAR OTTAPALAM, PALAKKAD DISTRICT- 679 101.

3. THE REVENUE DIVISIONAL OFFICER, OTTAPALAM, PALAKKAD DISTRICT- 679 101.

4. THE DISTRICT COLLECTOR, PALAKKAD- 679 001.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 27202 of 2015 (A) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

----------------------------------------- EXHIBIT-P1:

PHOTOCOPY OF THE REGISTERED JENMOM SALE DEED NO.7175/2009 DATED 21.11.2009 OF MANNARKKAD SUB REGISTRAR OFFICE, PALAKKAD.

EXHIBIT-P2: PHOTOCOPY OF THE TAX RECEIPT DATED 14.12.2009. EXHIBIT-P3: PHOTOCOPY OF THE JENMOM SALE DEED 14.06.2007 EXECUTED IN FAVOUR OF SMT.KHADEEJA.

EXHIBIT-P4: PHOTOCOPY OF THE TAX RECEIPT DATED 04.11.2008. EXHIBIT-P5: PHOTOCOPY OF THE TAX RECEIPT DATED 04.10.2006. EXHIBIT-P6: PHOTOCOPY OF THE JUDGMENT DATED 21.08.2015 IN WP(C) NO.25534/2015 PASSED BY THIS HON'BLE COURT. RESPONDENT(S)' EXHIBITS :

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

Msd.

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 27202 of 2015 ================== Dated this the 23rd day of September, 2015

J U D G M E N T

The petitioner approached this Court on account of non acceptance of tax in respect of the property covered by Ext.P1. 2.

The learned Government Pleader on instructions submits that the petitioner purchased the property in violation of the Land Assignment Rules.

3.

This Court is of the view that without prejudice to the right of the revenue officials to proceed against the property for any violation of the land assignment rules. The basic tax shall be accepted from the petitioner by the first respondent. The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE