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James Joseph vs State Of Kerala

High Court Of Kerala|22 May, 2014
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JUDGMENT / ORDER

The petitioner has approached this court inter alia contending that though he has ownership and possession in respect of property having an extent of 2.5 acres covered by sale deed No.275/1999 Alathur Sub Registrar's Office and he was paying the tax, recently the revenue authorities refused to receive tax alleging that the property shown as per the revenue records are forest lands. Petitioners obligation to pay tax is kept in abeyance pending consideration of the matter. Petitioner complains that the property is free hold and the property is not a forest land and until this time when the petitioner was remitting the tax there was no objection from the authority concerned. 2. The learned Government Pleader on instructions would submit that necessary enquiries are being conducted in the matter and as per the instructions, it is indicated that in the revenue records the property is shown as forest land. As far as the petitioner has title to the property as evidenced by Ext.P4, it is for the revenue authorities verify and pass appropriate orders if they are of the view 2 that the land belongs to the forest department. The matter cannot be kept in abeyance for a considerably long time.
3. Therefore, I am of the view that the writ petition can be disposed of as under:
The 3rd respondent shall consider the claim of the petitioner for payment of land tax and pass appropriate orders within a period of one month from the date of receipt of a copy of this judgment.
A.M.SHAFFIQUE ,JUDGE pm
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Title

James Joseph vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
22 May, 2014
Judges
  • A M Shaffique
Advocates
  • P Chandrasekhar Sri
  • S Prasanth
  • Sri Sooraj T Elenjickal
  • P Chandrasekhar Sri
  • S Prasanth
  • Sri Sooraj T Elenjickal