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High Court of KeralaWP(C)/36792/2015disposed of

Ratheesan v. The Village Officer

2015-12-04Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937 WP(C).No. 36792 of 2015 (Y) ---------------------------------------- PETITIONER(S)/PETITIONER:

------------------------------------------------ RATHEESAN, AGED 39 YEARS, S/O.RAMAN, CHIRAKUNDIL HOUSE, ERAMAM P O, PULLUPARA, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.P.K.MOHAMED JAMEEL RESPONDENTS:

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1. THE VILLAGE OFFICER, ERAMAM VILLAGE, ERAMAM , P O MATHAMANGALAM 670306 KANNUR DISTRICT.

2. THE TAHSILDAR, TALIPARAMBA 670141, KANNUR DISTRICT.

3. THE STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARAIT, THIRUVANANTHAPURAM 695001.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 36792 of 2015 (Y) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- THE COPY OF THE ASSIGNMENT DEED NO 872/1994 EXECUTED BY THAYALEVEETTIL KUMARAN AND OTHERS P2:- TRUE COPY OF THE REGISTERED ASSIGNMENT DEED NO 1024/1975 P3:- TRUE COPY OF THE REGISTERED ASSIGNMENT DEED NO 1027/1975 P4:- TRUE COPY OF THE JUDGMENT IN WPC 15482/2011 DTD 9/6/2011 OF THIS HON'BLE COURT RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.Muhamed Mustaque, J.

==================================== W.P.(C) No.36792 of 2015 ==================================== Dated this the 4th day of December, 2015.

JUDGMENT

1.Petitioner claims that he is in possession and ownership of 3 cents of property comprised in R.S.No.70/1A3 in Eramam Village. He approached this Court on account of non-acceptance of basic tax.

2.The learned Government Pleader submits that the survey is going on to identify as to whether puramboke land is in the possession of the petitioner or any other persons. It is only after completing the survey, land tax can be accepted. 3.In that view of the matter, the second respondent is directed to

W.P.(C) No.36792 of 2015 -:2:- complete the survey within a period of three months after notice to the petitioner and thereafter depending upon the outcome of the completion of survey, basic tax shall be accepted. This writ petition is disposed of as above.

Muhamed Mustaque, Judge.

sl.