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Gopalakrishnan vs State Of Kerala

High Court Of Kerala|08 December, 2014
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JUDGMENT / ORDER

----------------------- The petitioner submits that there was a dispute regarding a property in Survey No.28/5A pf the Kaniyapuram Amsom of Ottappalam 1 Village between the petitioner and the State. The petitioner apprehending dispossession approached the civil court. The petitioner submits that this Court in S.A.328 of 2008 found that the property in Survey No.28/5A is a private land and State has no authority to dispossess the petitioner. In view of the above, the respondents are bound to accept basic tax from the petitioner.
2. As seen from the Ext.P1 judgment in S.A.No.328 of 2008, this is a private land. This Court restrained officials from dispossessing the petitioner from the property on the premise that this is a private land. That means this is not a Government land. Therefore, if the petitioner is able to establish any of his right as a true owner of private land, necessarily basic tax shall be accepted from the petitioner. Therefore, the petitioner shall produce the original title deeds and other documents to establish his claim over W.P.(C).No.32804 of 2014
2
the private land. On being satisfied with the genuineness of such documents and right and interest in the property, necessarily the basic tax shall be accepted from the petitioner.
Accordingly the writ petition is disposed of as above.
Sd/
A.MUHAMED MUSTAQUE, JUDGE jm/
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Title

Gopalakrishnan vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
08 December, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • Sri
  • G Sreekumar