Chinnamma Thomas v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 19TH DAY OF OCTOBER 2015/27TH ASWINA, 1937 WP(C).No. 30558 of 2015 (T) ---------------------------- PETITIONER :

------------------ CHINNAMMA THOMAS, AGED 83 YEARS, W/O. JOHN THOMAS, CHALUVILA PUTHAN VEEDU, ANANDAPALLY, ADOOR, PATHANAMTHITTA-691528.

BY ADVS.SRI.G.P.SHINOD SRI.RAM MOHAN.G.

SRI.MANU V.

SRI.GOVIND PADMANABHAN SRI.AJIT G.ANJARLEKAR RESPONDENTS :

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

1. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA - 691528.

2. THE VILLAGE OFFICER, ADOOR, PATHANAMTHITTA-691528.

BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 30558 of 2015 (T) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF THE TAX RECEIPT NO. 95 DT 20/10/1998 EVIDENCING PAYMENT OF BASIC TAX WITH REGARD TO THE PETITIONER'S PROPERTY. P2:

COPY OF THE JUDGMENT DT 31/3/2003 OF THE MUNSIFF'S COURT, ADOOR IN OS NO. 559 OF 1998.

P3:

COPY OF THE TAX RECEIPT NO. 0730496 DT 20/12/2001. RESPONDENT'S EXHIBITS :

NIL.

//TRUE COPY// P.A.TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 30558 of 2015 ================== Dated this the 19th day of October, 2015

J U D G M E N T

The petitioner is the owner in possession of 50 cents of land comprised in Sy.No.586/10, 586/8, 11, 11-2 of Adoor village. The petitioner approached this Court on account of refusal of acceptance of basic tax.

2.

The learned Government Pleader on instructions submits that after re-survey it is seen that 90 cents of land are in the name of the petitioner along with the two brothers of the petitioner's husband.

3.

It appears that there are certain anomalies in re-survey. Therefore this Court is of the view that anomaly has to be corrected based on the title deed of the petitioner. Therefore if the petitioner approaches the District Collector u/s 13(a) of the Surveys and Boundaries Act, necessary action shall be taken by the District Collector within two months from the date of receipt of the copy of this judgment after hearing the petitioner and others. If there is

W.P.(C).No. 30558 of 2015 - : 2 :- any mistake or anomaly exist, same shall be corrected by passing appropriate orders by the District Collector and the basic tax shall be accepted based on the out come of the decision. The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE