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2024 Supreme(Ker) 573

VIJU ABRAHAM
Junus Brayan – Appellant
Versus
Tahsildhar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Enoch David Simon Joel S.Sreedev Rony Jose, Leo Lukose Karol Mathews Sebastian Alencherry Derick, Mathai Saji Karan Scaria Abraham
For the Respondent: P.G. Jayashankar Pgj Keerthivas Giri GP - Deepa V

JUDGMENT :

The above writ petition has been filed seeking a direction to the 2nd respondent to effect mutation in favour of the petitioners and to accept land tax for the properties covered by Ext.P1 settlement deed.

2. The brief facts necessary for the disposal of the writ petition are as follows: Petitioners are the owners in possession of 1.80.09 hectares of land comprised in Sy.No.298/1A1A1A (Old Sy.Nos. 4712, 4711 and 4713) of Ambalavayal Village, Sultan Bathery Taluk, Wayanad District obtained as per Ext.P1 settlement deed executed by their father. When the petitioners sought to effect mutation and to pay land tax for the property, they were informed by the 2nd respondent that the 3rd respondent, the Income Tax Department had attached a portion of the said property for alleged dues of the predecessor in interest, their father.

3. Thereupon, the 1st petitioner sought information under the Right to Information Act, regarding the alleged attachment and the 2nd respondent served him with Ext.P3 proceedings dated 18.11.2019 of the 3rd respondent along with Ext.P2 letter of the 2nd respondent. In Ext.P2 letter, the 1st petitioner was informed that an attachment is in effect in respect

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