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2023 Supreme(Online)(KER) 3647

HIGH COURT OF KERALA
Murali Purushothaman, J
T.R.Sivan – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent


Advocates:
BENNY VARGHESE, AMAL BABY

JUDGMENT

    The petitioner is the owner of an extent of 5.76

    Ares of property obtained by virtue of Exts.P1 to P5 sale deeds. The land tax was accepted in respect of the entire 5.76 Ares of land up to 2021. Thereafter, the 4th respondent refused to remit the land tax for the reason that there is some mistake as regards the resurvey sub division number in the records.

    2. Pursuant to Ext.P7 request made by the petitioner, the Taluk Surveyor measured the property on the basis of resurvey records and reported that the petitioner can be allowed to mutate provisionally an extent of 2.56 Ares in Survey No.74/2-5 as per Ext.P11. Pursuant thereto, the 3rd respondent passed Ext.P12 order permitting the petitioner to pay tax in respect of 2.56 Ares of property. Since the petitioner has not been permitted to remit land tax in respect of the entire extent of property covered by Exts.P1 to P5, he submitted Ext.P14 representation before the 3rd respondent, the Tahsildar (LR).

    3. The petitioner submits that so far no decision has been taken by the 3rd respondent on Ext.P14. Accordingly, the petitioner has approached this Court for a direction to the 3rd respondent to measure the entire property obtained

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