Sulekha v. The Village Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 WP(C).No. 37540 of 2015 (N) ---------------------------- PETITIONER :

------------------ SULEKHA, AGED 43 YEARS,W/O. ALI, VADAKKETHIL HOUSE, POST KOTTAKKAL MALAPPURAM DISTRICT BY ADVS.SRI.C.M.MOHAMMED IQUABAL SMT.ANJALI G.KRISHNAN RESPONDENT :

--------------------- THE VILLAGE OFFICER KOTTAKKAL, POST KOTTAKKAL MALAPPURAM DISTRICT PIN 676 503 BY GOVERNMENT PLEADER SRI. M.R. ARUN KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 37540 of 2015 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

THE TRUE COPY OF THE DOCUMENT NO 1476/1991 DATED 28-06-1991 OF SRO KOTTAKKAL.

EXHIBIT P2:

THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE RESPONDENT DATED 17-3-2012.

EXHIBIT P2(A): THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE RESPONDENT DATED 9-5-2012.

EXHIBIT P2(B): THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE RESPONDENT DATED 23-10-2014.

EXHIBIT P2(C): THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE RESPONDENT DATED 27-06-2015.

EXHIBIT P3:

THE TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY KOTTAKKAL MUNICIPALITY DATED 25-2-2012 EXHIBIT P3(A): THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN THE NAME OF THE HUSBAND OF THE PETITIONER DATED 29-06-2015. EXHIBIT P5:

THE TRUE COPY OF THE REPRESENTATION DATED 28-11-2015 SUBMITTED BEFORE THE RESPONDENT RESPONDENT(S)' EXHIBITS :

NIL.

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

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 37540 of 2015 ================== Dated this the 21st day of December, 2015

J U D G M E N T

The petitioner approached the Village Officer by Ext.P5 for accepting the basic tax in respect of 7 cents of land in Sy.No.156/1 of Kottakkal village.

2.

On instructions, the learned Government Pleader submits that the petitioner has sold out the entire land and no land remains in the same village and the petitioner is attempted to pay the basic tax in respect of the land situated in poramboke. 3.

This Court is of the view that the respondent shall identify the property claimed by the petitioner with title deed relied by the petitioner and thereafter if it is found that any land belongs to the petitioner remains with the petitioner, necessarily the basic tax shall be accepted. Needful shall be done within three months from the date of receipt of the copy of this judgment.

The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE

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