High Court of KeralaWP(C)/39050/2015disposed of

Akhil Suresh v. State Of Kerala

2015-12-22Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 39050 of 2015 (E) ---------------------------- PETITIONER:

---------- AKHIL SURESH AGED 22 YEARS S/O. P.B.SURESH KUMAR RESIDING AT HOUSE NO. 37/2611-C, SAI KRISHNA NILAVARETH LANE, AZAD ROAD, KALOOR KOCHI-17.

BY ADV. SRI.LEO GEORGE RESPONDENTS:

----------- 1.STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2.THE DISTRICT COLLECTOR ERNAKULAM-682025.

3.THE TAHSILDAR KANAYANNUR TALUK, ERNAKULAM-682011.

4.THE VILLAGE OFFICER EDAPPALLY SOUTH VILLAGE, ERNAKULAM-682024.

BY SRI BIJU MEENATTOOR, GOVERNMENT PLEADER THIS WRIT PETITION(CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 39050 of 2015 (E) ---------------------------- APPENDIX --------- PETITIONER(S)' EXHIBITS :

----------------------- EXHIBIT P1:

COPY OF GIFT DEED NO. 3341/1/2015 DATED 22-9-2015 OF EDAPPALLY SRO.

EXHIBIT P2:

COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, EDAPPALLY SOUTH VILLAGE IN FAVOUR OF THE PETITIONER DATED 27-10-2015.

EXHIBIT P3:

COPY OF ORDER NO. L.10/47791/2015 PASSED BY THE DISTRICT COLLECTOR DATED 6-8-2015.

EXHIBIT P4:

COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT WITHOUT ENCLOSURES 1,2 AND 7 DATED 30-10-2015.

RESPONDENT(S)' EXHIBITS: N I L ----------------------- //TRUE COPY// P.A. TO JUDGE JV

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.39050 of 2015 ****************************************************************************** Dated this the 22nd day of December, 2015

JUDGMENT

The petitioner's application under Clause 6 of the Kerala Land Utilization Order has been allowed by Ext.P3 by the District Collector, Ernakulam. Thereafter, the petitioner approached the Tahsildar by Ext.P4 to re-assess the land under Section 6A of the Kerala Land Tax Act, 1961. This Court is of the view that in the light of the judgment of this Court in W.A.No.1294/2013 dated 8.4.2015, which is produced as Ext.P4, the petitioner's land shall be reassessed under Section 6A of the Kerala Land Tax Act within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln