IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 24580 of 2008(A) -------------------------- PETITIONER: ------------ SOMARAJAN, S/O.DHARMAN, AGED 45 YEARS, CHOLAPARAMBIL HOUSE, MEZHATHUR POST, THRITHALA, PIN:679 534. BY ADV. SRI.R.VENUGOPAL SRI.RANJIT SREENIVAS RESPONDENTS: ------------- 1. THE SECRETARY, THRITHALA GRAMA PANCHAYATH. 2. NARAYINI, W/O.DHARMAN AND D/O.CHOLAPARAMBIL CHOZHI, MEZHATHUR POST, THRITHALA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 24580 OF 2008 A = = = = = = = = = = = = = = = = = Dated this the 14h day of August 2008 J U D G M E N T Petitioner submits that a property belonging to the 2nd respondent, his mother, was sold by her to one Chandran from whom by Ext. P1 he purchased the same. According to the petitioner, mutation in respect of the property was also effected in his favour and tax has also been paid by him. Despite all these, he complains that the Panchayat is not accepting building tax and is also refusing to issue an ownership certificate. 2. Petitioner submits that the reason for non-acceptance of the tax and the non-issuance of ownership certificate is the pendency of O.S. No. 171/07 before the Munsiff-Magistrate Court, Pattambi. That is a suit filed by the 2nd respondent mother, in which the petitioner is also a defendant, where she is seeking an order of injunction against the defendants therein. Counsel for the petitioner contends that the property covered by Ext. P1 is not the properties in respect of which the decree is sought in Ext. P4 and therefore the pendency of the suit is irrelevant and can be no W.P.(C) No. 24580 OF 2008 -2- justification for the Panchayat's refusal to accept tax and to issue the certificate sought for by him. 3. It is stated that requesting for the acceptance of building tax and issuance of the ownership certificate, petitioner has filed Ext. P3 application before the Panchayat and that orders thereon have not been passed. If as stated by the petitioner, such an application has been filed and is pending, I direct that it will be open to the petitioner to produce his documents of title and also Ext. P4 plaint in O.S. No. 171/07 before the Panchayat and that on receipt thereof, the Panchayat shall consider the request of the petitioner in the light of the documents produced and with notice to the 2nd respondent. Needless to say that if it is found that the property absolutely belongs to the petitioner and that there is no dispute concerning the same, the Panchayat shall pass orders accepting building tax and issue the certificate as prayed for by him. It is directed that on receipt of the documents referred to above, the Panchayat shall pass final orders in the manner as directed as expeditiously as possible, at any rate within 6 weeks thereafter. 4. Writ petition is disposed of as above. W.P.(C) No. 24580 OF 2008 -3- Petitioner shall produce a copy of this judgment before the 1st respondent Panchayat for compliance. ANTONY DOMINIC JUDGE jan/-