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High Court of KeralaWP(C)/27663/2015disposed of

Ratheesh v. The Revenue Divisional Officer

2015-09-14Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 14TH DAY OF SEPTEMBER 2015/23RD BHADRA, 1937 WP(C).No. 27663 of 2015 (G) ---------------------------- PETITIONER :

----------------------- RATHEESH, AGED 24 YEARS, S/O. BHUVANACHANDRAN, SHOLAYUR P.O., MANNARKAD, PALAKKAD, PIN - 678 581.

BY ADVS.SRI.P.N.SANTHOSH SMT.K.P.GEETHA MANI SRI.P.N.APPUKUTTAN SMT.ASWATHI APPUKUTTAN RESPONDENT(S):

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1. THE REVENUE DIVISIONAL OFFICER, OTTAPPALAM, OFFICE OF THE REVENUE DIVISIONAL OFFICE, OTTAPPALAM, PALAKKAD, PIN - 679 101.

2. THE VILLAGE OFFICER, AGALI VILLAGE OFFICE, AGALI P.O., PALAKKAD, PIN - 678 581.

BY GOVERNMENT PLEADER SMT. C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 27663 of 2015 (G) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1TRUE COPY OF THE DOCUMENT NO. 121/1/12 DATED 25/01/2012 OF AGALI S.R.O EXECUTED IN FAVOUR OF THE PETITIONER. EXHIBIT-P2TRUE COPY OF THE JUDGMENT DATED 29/08/2011 IN W.P(C) NO.23239/2011 OF THIS HON'BLE COURT.

EXHIBIT-P3TRUE COPY OF THE PROCEEDINGS DATED 28/12/2010 IN TLA 1588/87 OF THE REVENUE DIVISIONAL OFFICER, OTTAPPALAM. EXHIBIT-P4TRUE COPY OF THE JUDGMENT DATED 03/04/2012 IN W.P(C) NO.7285/2012 OF THIS HON'BLE COURT.

RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 27663 of 2015 ================== Dated this the 14th day of September, 2015

J U D G M E N T

The petitioner aggrieved by non acceptance of basic tax covered by Ext.P1 documents has approached this court. 2.

It is submitted that the 2nd respondent is refused to accept land tax on the ground that this property was once belonged to Scheduled Tribe community.

3.

This Court is of the view that the basic tax shall be accepted from the petitioner and also on request Possession Certificate shall be issued to the petitioner. However this will be subject to any initiation of the proceeding by the official respondents in accordance with the law for a violation of any law. The writ petition is disposed of, as above.

Sd/- sab A.MUHAMED MUSTAQUE, JUDGE