High Court of KeralaWP(C)/28471/2015disposed of

K.G.Manikantan Nair v. The Commercial Tax Officer

2015-11-27Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 27TH DAY OF NOVEMBER 2015/6TH AGRAHAYANA, 1937 WP(C).No. 28471 of 2015 (H) ---------------------------- PETITIONER:

------------------- K.G.MANIKANTAN NAIR, S/O.GOPALA PILLAI, LAKSHMI NIVAS, NADUVILE VILLAGE, VAIKOM DISTRICT, KOTTAYAM.

BY ADVS.SRI.K.REGHU KOTTAPPURAM SRI.M.MUKESH SRI.R.MAHESH (KOTTAPPURAM) SRI.MURUKESH REGHU RESPONDENT(S):

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1. THE COMMERCIAL TAX OFFICER, VAIKOM DISTRICT, KOTTAYAM-686 001.

2. THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

3. THE TAHASILDAR, VAIKOM TALUK, VAIKOM DISTRICT, KOTTAYAM-686 141.

4. THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, KOTTAYAM-686 001.

BY GOVERNMENT PLEADER SRI.R.RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 28471 of 2015 (H) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXYT.P1A PHOTOCOPY OF LETTER NO.G2-3354/98, 7447/2000, DATED 12-02-2013 SENT BY TAHSILDAR.

EXT.P2A PHOTOCOPY OF LAND TAX RECEIPT DATED 05-01-1998. EXT.P3A PHOTOCOPY OF SALE NOTICE VIDE G2 7447/2000 DATED 12.1.2004. EXT.P4A PHOTOCOPY OF REPRESENTATION DATED 18.11.2015 ADDRESSED TO 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS:

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

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. ............................................................. Dated this the 27th day of November, 2015 J U D G M E N T The petitioner is aggrieved by the inaction on the part of the respondents in re-conveying land that was purchased by the Government as a bought-in-land in revenue recovery proceedings that were initiated for recovery of defaulted sales tax amount of the petitioner. The petitioner has since approached the 2nd respondent with Ext.P4 representation and the limited prayer of the petitioner in the writ petition is for a direction to the 2nd respondent to consider and pass orders on Ext.P4 representation in the light of Ext.P1 communication that has been sent to the 4th respondent by the 3rd respondent.

2. I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

3. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P4 representation submitted by the petitioner before it, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. While passing orders

as directed, the 2nd respondent shall also take note of Ext.P1 communication issued by the 3rd respondent to the 4th respondent. The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 2nd respondent for further action. A.K.JAYASANKARAN NAMBIAR JUDGE mns/27.11.2015