C.V.KALYANI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner herein is seeking for a direction to the 2nd respondent to receive the land tax of the land owned by the petitioner by way of Exts.P2 and P4. Further direction sought is to the 4th respondent to accept Ext.P9 application and sanction and charge electric connection to the building owned by the petitioner.

(2.) LEARNED Government Pleader on getting instructions submitted that the matter was enquired into and it was found that the document produced by the petitioner is for an extent of 42= cents in survey No.16/3, but she produced basic tax receipt dated 05.04.2002 in survey Nos.16/4 and 17/5 having an extent of 0.5261 hector (1.30 Acres). A petition was received from one Smt.U.Leela claiming that a suit as O.S.No.96/2012 is pending before the Munsiff Court, Thalassery and in respect of the property, no measurement can be done without the knowledge of her. It is also stated that on preliminary enquiry it is seen that the survey number shown in the document and the land differs and the basic tax receipt produced by her shows different survey numbers and the extent shown also varies and there is no clear boundary in the property. The Village Officer has sought a clarification from the Tahsildar, Thalassery as per letter dated 30.05.2012. It is also stated that after getting the clarification and direction from the Tahsildar, the basic tax will be collected.

(3.) HEARD the learned Standing Counsel for the 4th respondent and the learned Government Pleader who submitted that the Village Officer has sought clarifications from the Tahsildar. There will be a direction to the 3rd respondent to hear the petitioner as well as the objector namely, Smt.U.Leela and take a decision and thereafter communicate the same to the Village Officer. As far as the temporary connection sought for, it is upto the 4th respondent to take appropriate action as enjoined by law. The Tahsildar will hear the parties and take a decision within a period of one month from the date of receipt of a certified copy of this judgment. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above.