IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 7637 of 2008(H) ------------------------------------- PETITIONER: ------------------- T.V.JOSEKUTTY, AGED YEARS S/O.KUNHIVAREETHA, "REVERA", PANICKER ROAD KOZHIKODE. BY ADVS. SRI.MANJERI SUNDERRAJ, SMT.SUSAN JACOB, SRI.B.PREMNATH (E). RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOZHIKODE, CIVIL STATION, KOZHIKODE-673 020. 2. THE TAHSILDAR, THALUK OFFICE P.O.PUTHIYARA, KOZHIKODE-673 004 3. THE VILLAGE OFFICER KODUVALLY VILLAGE OFFICE, KODUVALLY, KOZHIKODE. (RESPONDENTS 1 TO 3 REP. BY GOVERNMENT PLEADER HIGH COURT OF KERALA, ERNAKULAM.). R1 TO R3 BY GOVERNMENT PLEADER SRI. T.K. ARAVINDKUMAR BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.7637/2008-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: ATTESTED COPY OF PETITION FILED BY THE PETITIONER IN E.P. 340/2000 IN O.S. 795/1993. EXT.P.2: COPY OF THE WARRANT IN E.P. 340/2000 IN O.S. 795/1993. EXT.P.3: COPY OF THE SALE CERTIFICATE IN E.P. 340/2000 IN O.S. 795/1993. EXT.P.4: COPY OF THE EXECUTION STATEMENT SUBMITTED BY THE AMIN, DISTRICT COURT, KOZHIKODE. EXT.P.5: COPY OF THE LAWYER NOTICE DTD. 27/09/07 SENT BY PETITIONER'S COUNSEL TO THE 2ND AND 3RD RESPONDENTS WITH POSTAL RECEIPTS AND ACKNOWLEDGEMENT CARDS. EXT.P.6: COPY OF THE LAWYER NOTICE DTD. 11/10/07 SENT BY PETITIONER'S COUNSEL TO THE 2ND & 3RD RESPONDENTS WITH POSTAL RECEIPTS AND ACKNOWLEDGEMENT CARDS. EXT.P.7: COPY OF THE REPLY DTD. 10/10/07 RECEIVED FROM THE R.2. TO PETITIONER'S COUNSEL. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 7637 of 2008 H ``````````````````````````````````````````````````````` Dated this the 24th day of November, 2010 J U D G M E N T Case of the petitioner is that as decree holder in O.S.No.795/1993, the petitioner purchased the judgment debtor's immovable property, in the court auction held. It is his case that subsequently, he was also issued Ext.P3 sale certificate and the property was also delivered to him. Petitioner further states that in pursuance to the above, he is in possession of the property having an extent of 45 cents and situated in survey No.159/5(R.S.No.117/3) of Parambathkavu amsom and desom, Koduvally, Kozhikode Taluk. Case of the petitioner is that despite the above, tax is not accepted. 2. If as stated by the petitioner, he is the owner and the property has been mutated, there is no reason why tax is not accepted from the petitioner. Similarly, there is also no reason why a possession certificate is issued if the petitioner is in possession of the property. Though this writ petition was W.P.(C) No.7637/08 : 2 : admitted way back on 06-03-2008, there is no counter affidavit filed by the respondents. Learned Government Pleader submits that despite repeated communications, instructions also have not been furnished. 3. Thus, the allegations in the writ petition stand uncontraverted. In that view of the matter, I dispose of the writ petition directing that if the petitioner remits tax in respect of the property mentioned above, that will be accepted and the petitioner will also be issued possession certificate if an application for that purpose is made by the petitioner. (ANTONY DOMINIC, JUDGE) aks