IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 WP(C).No. 170 of 2011(U) ----------------------------------- PETITIONER(S): ----------------------- ROY ANTONY, AGED 44 YEARS, S/O. LATE VARGHESE ANTONY, THOPPIL HOUSE, THATHAMPILLY.P.O, ALAPPUZHA. BY ADV. SRI.B.PRAMOD RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA.PIN- 688 001 2. THE THAHSILDAR (REVENUE RECOVERY), AMBALAPPUZHA.PIN- 688 561 3. THE VILLAGE OFFICER, MULLACKAL VILLAGE OFFICE, ALAPPUZHA. PIN- 688 001 4. THE WELFARE FUND INSPECTOR, OFFICE OF THE KERALA ABKARI WORKERS' WELFARE FUND BOARD, ERNAKULAM. R4 BY ADV. SHRI KOSHY GEORGE,SC, KAWWFB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 170 of 2011 U ``````````````````````````````````````````````````````` Dated this the 5th day of January, 2011 J U D G M E N T Petitioner claims to be the owner of 4.45 Ares of land in survey Nos.22/18A and 22/15B of Kullckal village, Alappuzha. His grievance is that the respondents refused to accept tax in respect of his property on the ground that the recovery proceedings at the instance of the fourth respondent are pending against him. 2. Even it is accepted that the proceedings under the Revenue Recovery Act was pending, still being the owner of the property, in whose favour the land is mutated, the petitioner is entitled to pay tax and if such amount is paid, the respondents are liable to accept it. 3. Therefore, writ petition is disposed of, directing that, if the petitioner tenders payment of tax in respect of his property, the same will be accepted by the respondents. However, it is clarified that this judgment will not stand in W.P.(C) No.170/2011 : 2 : the way of the respondents in continuing the recovery proceedings nor will it affect the right of the petitioner to challenge the recovery proceedings. (ANTONY DOMINIC, JUDGE) aks