IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 2688 of 2009(T) ------------------------- PETITIONER(S): --------------- RAJENDRA PRASAD GOPALAN,AGED 62, S/O THE LATE SRI.P.GOPALAN,SREE NILAYAM, KEEZHEKOLLA, CHENKAL,NOW RESIDING AT SREE KRISHNA NIKETHAN, NMC NO.IX/50,RAILWAY STATION ROAD, NEYYATTINKARA.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.S.V.RAJAN SRI.S.ARUN RAJ SMT.SHIBI. K.P. RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY,DEPARTMENT OF REVENUE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM DIST, ERNAKULAM, KERALA STATE. 3. THE VILLAGE OFFICER,ERNAKULAM, ERNAKULAM DISTRICT, KERALA STATE. BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.2688 OF 2009 ------------------------ Dated this the 16th day of February, 2009. JUDGMENT Non acceptance of land tax of property to the extent of 3.27 ares of land in survey NO. 983/05 of Ernakulam village obtained by the petitioner as per Sale Deed No.1993/1980 is what is complained of in this writ petition. 2. Petitioner submits that the original of Ext.P1 sale deed has been irretrievably lost and hence when he tendered payment of land tax he could produce only the certified copy of the said document. It is stated that on the ground that the original document has not been produced, tax is refused to be accepted. According to the petitioner the original has been lost and it is not likely to be recovered. It is in such circumstances he tendered tax producing the certified copy of the title deed. /2/ 3. If production of the original is insisted, in the circumstances pointed out it will not be possible for the petitioner to tender payment of the tax and he can only remain as a defaulter there to. Having lost the original the only course open to the petitioner is to produce the certificated copy which he has been given. Taking into account the above circumstances, the writ petition is disposed of directing the 3rd respondent to accept the tax in respect of the property covered by the sale deed No.1993/1980 on the production of a copy of the judgment along with a certified copy of the document. (ANTONY DOMINIC) JUDGE vi/ /2/