High CourtsSingle Bench(2018) 02 KL CK 0061

SHREEJA GIRIDHAR vs THE DISTRICT COLLECTOR IDUKKI & ORS

High Court Of Kerala · Decided on 2 February 2018

HON’BLE JUDGES
Shaji P.Chaly
RESULT
Disposed off
CASE NUMBER
41629 of 2017

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Judgment

17 paragraphs · 318 words
1.

Petitioner is the owner of property comprised in Survey No. 30/16 , 17, 18 of Chinnakanal Village, Udumbanchola Taluk having a total extent

of 20.23 Ares. After the purchase of the property, the property was mutated in the name of the petitioner, tax was paid, village records were also

modified, accordingly. However, according the petitioner, the respondents have stopped receiving tax from the petitioner after, 2005, and there

upon, seeking appropriate directions, this writ petition is filed.

2.

I heard learned counsel for the petitioner, learned senior Government Pleader and perused the pleadings and documents on record.

3.

Learned counsel for the petitioner reiterated the contentions raised in the writ petition.

4.

From the documents produced I am convinced that, the property is mutated in the name of the petitioner possession certificate was given, tax

was also accepted.

5.

However, learned Government Pleader pointed out that, consequent to the issuance of fake Pattas and other actions that have cropped up in

Munnar area, acceptance of the tax was stopped for the purpose of verification, investigation and necessary enquiries. Thereafter, the same is lifted

in the year 2010, however, no attempt was made by the petitioner in order to pay tax to the property.

6.

Having regard to the facts and circumstances of the case, and evaluating the situation, there will be a direction to the petitioner to make suitable

application before the third respondent, and on receipt of the same, a decision shall be taken by the third respondent without any delay, and at any

rate within two months from the date of receipt of a copy of the application, taking into account all the attendant documents issued in favour of the

petitioner by the revenue authorities.

7.

I make it clear that, if there are no other legal inhibitions created thereafter, tax shall be accepted from the petitioner without fail. Writ petition is

disposed of accordingly.