IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 25782 of 2008(T) -------------------------------------- PETITIONER(S): --------------------- 1. KAKKANTE ASHOKAN, S/O. KORAN, ERAMAM AMSOM DESOM, P.O. ERAMAM, TALIPARAMBA TALUK. 2. KAKKANTE AMMINI, W/O. LAKSHMANAN, ERAMAM AMSOM DESOM, P.O. ERAMAM, TALIKPARAMBA TALUK. 3. KAKKANTE THAMBAYI, W/O. BHASKARAN, ERAMAM DESOM, P.O. ERAMAM, TALIPARAMBA TALUK. 4. KAKKANTE DAKSHAYANI, W/O. PADMANABHAN, ERAMAM DESOM, P.O. ERAMAM, TALIPARAMBA TALUK. 5. KAKKANTE USHA, W/O. VIJAYAN, ERAMAM DESOM, P.O. ERAMAM, TALIPARAMBA TALUK. 6. KAKKANTE AJITH, S/O. KORAN, ERAMAM DESOM, P.O. ERAMAM, TALIPARAMBA TALUK. 7. KAKKANTE CHEEYAYI, W/O. RAMAN, ERAMAM DESOM, P.O. ERAMAM, TALIPARAMBA TALUK. 8. KOKKADAN KUNHIRAMAN, S/O. CHANDU, ERAMAM DESOM, P.O. ERAMAM, TALIPARAMBA TALUK. W.P.(C). NO. 25782/2008-T 9. KUNNUMMAL VEEETIL KUMARAN, S/O. KANNAN, ERAMAM DESOM, P.O. ERAMAM, TALIPARAMBA TALUK. BY ADV. SRI.P.NARAYANAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KANNUR. 3. THAHSILDAR, TALIPARAMBA TALUK, KANNUR DISTRICT. GOVERNMENT PLEADER SMT.M.R.SREELATHA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 25782/2008-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DOCUMENT NO.1298/1986 IN RESPECT OF 1ST PETITIONER. EXT.P2: COPY OF THE PURCHASE CERTIFICATE DATED 03/08/77 ISSUED TO THE 7TH PETITIONER. EXT.P3: COPY OF THE JUDGMENT IN W.P.(C). NO. 15760/2008 DATED 04/07/2008. EXT.P4: COPY OF THE JUDGMENT IN W.P.(C). NO. 24882/2008. EXT.P5: COPY OF THE ORDER DATED 01/09/2008 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ V.GIRI, J. ------------------------- W.P.(C).No.25782 of 2008 ------------------------- Dated this the 30th day of October, 2008. JUDGMENT The petitioners, who claim to be owners in possession of different extents of land in Eramam Village in Taliparamba Taluk, are aggrieved that the respondents are declining to accept the basic tax in relation to the properties. The objection raised by the Revenue Authorities in this regard is apparently on the basis that there are puramboke lands in the same survey number and only after surveying and demarcating the puramboke lands, the basic tax can be accepted. This is apart from certain other reasons, which they say, stand in the way of basic tax being accepted. 2. Acceptance of the basic tax by itself is no proof of the title over the property. Title will have to be determined on adjudication by a civil court. The remittance of basic tax is only for fiscal purpose and not for any other purpose. There is no reason why the Revenue Authorities should not accept the basic tax. W.P.(C).NO.25782/08 :: 2 :: In the result, the writ petition is disposed of directing the respondents to accept the basic tax, if any, remitted by the petitioners in relation to the properties held by them in Eramam Village in Taliparamba Taluk. It is made clear that acceptance of the basic tax will not, by itself, either confer any right on the petitioners or enlarge any such right. Sd/- (V.GIRI) JUDGE sk/ //true copy//