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Niyas Rahman

High Court Of Kerala|16 December, 2014
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JUDGMENT / ORDER

The petitioner has purchased a portion of the property situated in survey No.1200/1 of Kothamangalam Taluk by virtue of Ext.P1 document. The petitioner has approached the revenue officials to effect mutation and accept basic tax. This was refused. Accordingly the petitioner has approached this Court. It is admitted by the petitioner that on account of stop memo issued by the Village Officer against the previous owner for reclamation of the portion of the land alleging violation of Act 28 of 2008, the Village Officer refused to effect mutation and basic tax. The right of any person in respect of the property will not be lost on account of any reclamation on the land in contravention of Act 28 of 2008. If any person has contravened the provision of Act 28 of 2008, the authorities have necessary power under the Act to proceed against the property in accordance WP(C).No.31956/2014-T.
2 with law. However, that will not affect the proprietary right of a person over the property. In view of the above, there shall be a direction to effect mutation and accept basic tax in respect of the property based on Ext.P1 within a period of two weeks.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge) Kvs/-
// true copy //
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Title

Niyas Rahman

Court

High Court Of Kerala

JudgmentDate
16 December, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • P M Ziraj Sri
  • Sri
  • Sri
  • Kumar Sri
  • Smt
  • Reshma P Joseph
  • Sri
  • Subi K
  • Sabah
  • Sabah