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2019 Supreme(Online)(KER) 51862
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940
WP(C).No.7641 of 2019
PETITIONER:
OMANA RADHAKRISHNAN
AGED 56 YEARS
W/O.RADHAKRISHNAN,THOTTIKKALAYIL HOUSE, UPPUTHARA,
IDUKKI-685 505.
BY ADV. SRI.BIJU .C. ABRAHAM
RESPONDENTS:
1
THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2
THE STATE SPECIAL OFFICER & COLLECTOR,
GOVERNMENT LAND RESUMPTION,
THIRUVANANTHAPURAM-695 001.
3
THE DISTRICT COLLECTOR,
IDUKKI DISTRICT, COLLECTORATE, IDUKKI-685 603.
4
THE TAHSILDAR,
PEERMADE TALUK, IDUKKI DISTRICT-685 538.
5
THE VILLAGE OFFICER,
UPPUTHARA VILLAGE, PEERMADE TALUK,
IDUKKI DISTRICT-685 505.
6
UPPUTHARA PANCHAYAT,
UPPUTHARA, REPRESENTED BY ITS SECRETARY-685 505.
OTHER PRESENT:
SRI.P M MANOJ, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.7641/2019
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The petitioner approached this Court seeking the following reliefs:
i) To issue a writ of certiorari or other appropriate writ or order
quashing Ext.P3;
ii) To declare that the acceptance of land tax provisionally with
condition is illegal and unsustainable and the Village Officer has
no authority to impose any condition on the basic tax receipt.
iii) To issue a writ of mandamus or other appropriate writ or order
directing the 5th respondent to remove the endorsement
“provisionally accepted”.
High Court case No.W.P.(C)
No.40002/16” from Ext.P2 and to issue regular fresh tax receipt in
lieu of Ext.P2;
iv)To issue a writ of mandamus or other appropriate writ or order
directing the 5th respondent to issue possession certificate,
location sketch, ROR certificate etc. village records in respect of
the property of the petitioner covered by Ext.P1.
2. The respondent-revenue authority refused to act upon the
request of the petitioner on account of the pendency of
W.P.(C) No.40002 of 2016. The revenue authority also refused to
issue location sketch, possession certificate and ROR certificate to the
petitioner for the reason that as per Ext.P4 proceedings of the Special
Officer, such certificates in respect of the petitioner's land cannot be
issued.
3. A similar matter was considered by this Court in Ext.P6
judgment wherein this Court directed the Village Officer to accept land
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tax without any condition regarding the pendency of W.P.(C) No.40002
of 2016 and connected cases. This Court also noted that
W.P.(C) No.40002 of 2016 and connected cases has been disposed by
Ext.P5 judgment.
In the light of the above, this writ petition is disposed of directing
the 5th respondent to issue ROR certificate to the petitioner and to
remove the endorsement made in Ext.P2 tax receipt, in the light of
Exts.P5 and P6 judgments. All other legal documents, if the petitioner
is entitled, shall be given to her on filing proper application.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1
TRUE COPY OF THE SALE DEED NO.2035/2009
DATED 3/8/2009 OF PEERMADE SRO.
EXHIBIT P2
TRUE COPY OF THE RECEIPT DATED 6/2/2019 FOR
PAYMENT BASIC TAX FOR THE YEAR 2018-19
EXHIBIT P3
TRUE COPY OF THE LETTER ISSUED BY THE
VILLAGE OFFICER,UPPUTHARA
EXHIBIT P4
TRUE COPY OF THE PROCEEDINGS NO.GLR 9LR)
210/15/PER-TCO DATED 12/8/2016 OF THE
SPECIAL OFFICER & COLLECTOR
EXHIBIT P5
TRUE COPY OF THE JUDGMENT DATED 7/11/2018
PASSED BY THIS HON'BLE COURT IN
WP(C)NO.40002/2016 AND CONNECTED CASES
EXHIBIT P6
TRUE COPY OF THE JUDGMENT DATED 18/2/2019
PASSED BY THIS HON'BLE COURT IN WP9C)
NO.4647/2019
RESPONDENTS' EXHIBITS: NIL.
True Copy
P.S to Judge
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