High CourtsSingle Bench(2021) 02 KL CK 0081

Rose Mary Kuruvilla vs State Of Kerala And Ors

High Court Of Kerala · Decided on 19 February 2021

HON’BLE JUDGES
Raja Vijayaraghavan V, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 9067 Of 2020

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Judgment

19 paragraphs · 370 words
1.

The instant writ petition is filed seeking the following relief:-

“i. Issue a writ of mandamus or such other writ or order or direction, directing the 3rd respondent to receive the land tax for the property of the

petitioner for 80 ares property situated in survey number 31 in Kurumathur Desom, Kurumathur Amsom, Thaliparambu Village, Kannur District

obtained by virtue of Sale Deed No.2952/86 dated 24.10.1986 registered before the SRO Thaliparambu and also 7.25 Acres of land in Survey number

31 in Kurumathur Desom, Kurumathur Amsom, Thaliparambu Village, Kannur District obtained by virtue of Purchase Certificate Patta No.1130/76

dated 3.7.76 issued by District Collector, Thaliparambu, Land Tribunal.â€​

2.

This Court by order dated 24.7.2020 had directed the additional 4th respondent to take a decision on Ext.P7 request made by the petitioner herein.

3.

A statement has been filed by the Tahsildar (LR), Taliparamba. Paragraph 4 of the statement is extracted below for convenience.

“4. As the applicant obtained the land in Survey No.31 in Kurumathur Amsom Kurumathur Desom in Kurumathur Village was before the ban

order issued by the Taluk Land Board and the Hon’ble High Court has already cancelled the documents registered by impersonation in common

judgment on W.P.(C) Nos.24553/2016 and 4746/2017 dated 9.12.2019, and the applicant’s name has already included in the land owners column

in the Village records for the property of an extent of 1.5646 hectare in the R.S.101/25, an extent of 0.4823 hectare in 101/3, an extent of 0.0849

hectare in R.S.101/16 in old survey number 31 and the land tax was being accepted by the Village Officer Kurumathur up to 2016-17.

Hence, Tahsildar, Taliparamba issued direction to the Village Officer, Kurumathur, to continue to receive the land tax from the petitioner for the

aforesaid land in good faith and humanitarian consideration.â€​

4.

Sri. Navod Prasannan, the learned counsel appearing for the petitioner submitted that the petitioner has no further grievance. His request is to direct

the respondents 3 and 4 to act in terms of the statement.

In view of the statement filed, this writ petition is disposed of directing the respondents 3 and 4 to act in accordance with the statement filed before

this Court on 8.10.2020 by the Tahsildar (LR), Taliparamba.