LAWS(KER)-2012-10-93

ARUN LOBO Vs. DISTRICT COLLECTOR

Decided On October 10, 2012
K.GOPALAN Appellant
V/S
TAHSILDAR Respondents

JUDGEMENT

(1.) PETITIONERS are partners of the registered partnership firm styled as 'Heights Ville'. They are aggrieved by the delay in implementing the directions issued in Ext.P4 communication.

(2.) THE total extent of the property held by the firm is to the tune of 12.93 acres in Survey No.1/1-75 and 1/1 of Chinnakanal village. These properties were purchased by various documents in the year 1993. It is also stated that they are having valid pattas and details of the same have been furnished in paragraph 1 of the writ petition. Individually they own different items of properties having 11.35 acres. Petitioners point out that, when they wanted to sell a portion of the properties, no objection was granted by the Additional Tahsildar as per Ext.P1. The purchasers have effected constructions in the transferred property, viz., flats and bungalows, with permission granted by the authorities. Ext.P2 is produced to show that land tax is being accepted. The same is of the year 2006. On 2007 onwards, there is a refusal to receive the land tax. At this stage, the petitioners approached the Hon'ble Chief Minister and then, Ext.P4 communication was issued directing to conduct survey and to collect tax. Still, it is not finalised. Ext.P5 is a further representation filed by them in the matter. Thereafter, a request was made under the Right to Information Act and its reply is Ext.P7. It is contended that there is no justification in not accepting the land tax in respect of the petitioners' properties in TP 2271 and TP 2272.

(3.) LEARNED counsel for the petitioners submitted that the petitioners will produce the copies of the pattas, the assignment deeds as well as the deeds showing transfer of the properties covered by various transactions.