IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 12902 of 2010(K) -------------------------- PETITIONER(S): --------------- KUTTOOKKAM SUMAYYATH,D/O.ABDULLA, AGED 27 YEARS,KODIYIL HOUSE,PUSHPAGIRI, TALIPARAMBA,TALIPARAMBA HOUSE,KANNUR DISTRICT. BY ADV. SRI.O.V.MANIPRASAD RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE TAHSILDAR,TALIPARAMBA TALUK, TALIPARAMBA .P.O,KANNUR DISTRICT. 3. THE VILLAGE OFFICER,KOOVERI VILLAGE, KOOVERI.P.O,TALIPARAMBA TALUK,KANNUR DISTRICT. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.12902/2010-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of April, 2010 J U D G M E N T The grievance raised by the petitioner is regarding the refusal to collect land tax with respect to her property having 25 cents in extent. She obtained the property as per Ext.P1 gift deed executed by her mother. The petitioner's mother obtained the property as per assignment deed executed by one Nichampadammal Sreedevi (Ext.P2). It is averred in the writ petition that the assignor therein was having one acre of land and she had obtained purchase certificate to the said property from the Deputy Collector Land Tribunal, Kannur as per Ext.P3 purchase certificate. Exts.P4 and P4(a) have been produced to show that the land tax was being remitted upto the year 2000-01. 2. Against one Kodiyil Aboobacker Siddique, a ceiling case No.TLB 230/1973 was pending before the Taluk Land Board, Taliparamba. The property owned by the predecessor in interest of the petitioner was also included in his account and the Taluk Land Board directed to surrender the various items of properties. The predecessor in interest submitted application in Form No.6 under Section 85(8) of the Kerala Land Reforms Act for a direction to exempt her properties from the ceiling case. The Taluk Land Board W.P.(C). No.12902/2010 -:2:- considered the applications submitted by various parties including the application submitted by the predecessor in interest of the petitioner which were finally disposed of by allowing exemption and deleting the properties from the account of the declarent. Ext.P5 is the copy of the said order. This was challenged in revision, C.R.P.No.1707/1997 and that was dismissed as per Ext.P6 order. It is averred in the writ petition that the said order has become final and the mother of the petitioner obtained the property from the assignor after the issuance of Ext.P5 order. Since the third respondent is refusing to accept the land tax, the petitioner has submitted Ext.P7 representation before the second respondent. 3. The main prayer in the writ petition is for a direction to the second respondent to consider and pass orders on Ext.P7 within a time frame. Ext.P8 is the Judgment rendered by this Court in W.P.(C).No.22464/2009 filed by other petitioners who were similarly placed. There will be a direction to the second respondent to take a decision on Ext.P7 after hearing the petitioner and after going through the various forms relied upon, within two months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE