Kerala High Court
G.Sushama vs The District Collector on 26 October, 1974
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 15TH DAY OF FEBRUARY 2017/26TH MAGHA, 1938
WP(C).No. 15 of 2017 (B)
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PETITIONER:
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G.SUSHAMA, D/O.GOVINDAN,
AGED 61 YEARS, RESIDING AT 'SANDHYA',
T.C.NO.27/1138, VANCHIYOOR,
THIRUVANANTHAPURAM.
BY ADVS.SRI.C.DILIP
SRI.R.PRADEEP
SRI.P.N.VIJAYAN NAIR
RESPONDENT(S):
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1. THE DISTRICT COLLECTOR,
CIVIL STATION, KOLLAM, PIN - 691013.
2. THE REVENUE DIVISIONAL OFFICER,
KOLLAM, PIN - 691013.
3. TAHSILDAR, KOTTARAKARA TALUK,
KERALA, PIN - 691506.
4. THE VILLAGE OFFICER,
NILAMEL VILLAGE,
KOLLAM DISTRICT, PIN - 691535.
BY GOVERNMENT PLEADER SRI.S.KANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15-02-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 15 of 2017 (B)
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APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1: TRUE PHOTOCOPY OF THE DOCUMENT NO.1522/1974
DATED 26.10.1974 OF S.R.O, KADAKKAVUR.
EXHIBIT P2: TRUE PHOTO COPY OF LAND TAX RECEIPT NO.1673518
DATED 5.1.2015 ISSUED FROM THE OFFICE OF THE
THIRD RESPONDENT.
EXHIBIT P3: TRUE PHOTO COPY OF LAND TAX RECEIPT NO.1673519
DATED 5.1.2015 ISSUED FROM THE OFFICE OF THE
THIRD RESPONDENT.
EXHIBIT P4: TRUE PHOTO COPY OF LAND TAX DATED 16.7.2016
ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT.
EXHIBIT P5: TRUE PHOTO COPY OF WRITTEN REQUEST
DATED 25.10.2016 SUBMITTED BEFORE THE
4TH RESPONDENT.
EXHIBIT P6: TRUE PHOTO COPY OF LETTER DATED 13.12.2016
ISSUED BY THE 4TH RESPONDENT.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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SHAJI P. CHALY, J.
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W.P.(C)No.15 of 2017
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Dated this the 15th day of February, 2017
J U D G M E N T
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According to the petitioner, she is the owner in respect of 26.70 ares of land comprised in Re.Sy.No.341/2 of Nilamel Village and has been remitting land tax for the last several years. However, payment of land tax for the financial year 2016-17 was declined by the 4th respondent for the reasons stated in Ext.P6. In Ext.P6 it is stated, there is possession of a small portion of land by third parties and the area possessed by third parties is required to be demarcated for the acceptance of land tax. According to the petitioner, as provided under Section 5(2) of Kerala Land Tax Act, 1961, the land tax is required to be paid by 'land holder and the term 'land holder' as defined in Section 2(3) does not include a mere possessor. Anyhow on the basis of Ext.P5 application submitted by the petitioner before the 4th respondent, Ext.P6 dated 13.12.2016 is issued to the petitioner stating that appropriate action is initiated to measure out the property in W.P.(C)No.15 of 2017 2 order to identify the exact claim of the petitioner in respect of the payment of tax to the property held by the petitioner. It is in this background seeking appropriate directions, this writ petition is filed.
2. Having heard learned counsel for the petitioner and learned Government Pleader, I am of the considered opinion that a finality is to be attained to Ext.P6 within a time frame. Therefore, there will be direction to the 4th respondent to attain finality to Ext.P6 communication issued to the petitioner by carrying out necessary measurement after providing necessary opportunity to the petitioner or any other interested persons to participate in the measurement proceedings, and others and attain finality to the same, within two months from the date of receipt of a copy of this judgment.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE.
rmm/15/2/2017 W.P.(C)No.15 of 2017 3 [ True copy] P.A. to Judge