IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 34678 of 2009(D) --------------------------------------- PETITIONER(S): ----------------------- KUDUKKAN AHAMMED, S/O. UMMAR, CHAKKUMKULAM HOUSE, KIZHISSERI, KUZHIMANNA.P.O, MALAPPURAM DISTRICT. BY ADV. MR.P.VIJAYA BHANU, MR.P.VENUGOPAL. RESPONDENT(S): ------------------------- 1. VILLAGE OFFICER, KUZHIMANNA VILLAGE, ERNAD TALUK, MALAPPURAM DISTRICT. 2. TAHSILDAR, ERNAD TALUK, MALAPPURAM DISTRICT. 3. DISTRICT COLLECTOR, MALAPPURAM. R1 TO R3 BY GOVERNMENT PLEADER MR.K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 34678/2009-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT DATED 23/01/2004. EXT.P2: COPY OF THE REPORT SUBMITTED BY THE FIRST RESPONDENT TO THE THIRD RESPONDENT DATED 05/02/2004. EXT.P3: COPY OF THE DEED OF ASSIGNMENT IN FORM 19 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT. EXT.P5: COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE THIRD RESPONDENT DATED 08/12/2004. EXT.P6: COPY OF THE RECEIPT ISSUED BY THE THIRD RESPONDENT DATED 27/06/2005. EXT.P7: COPY OF THE APPLICATION DATED 21/09/2009 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT. EXT.P8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT DATED 20/10/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.34678 OF 2009 --------------------------------------- Dated this the 23rd day of March, 2010. J U D G M E N T Alleging non-acceptance of basic tax, the petitioner has filed this writ petition. The petitioner is the beneficiary of assignment of land by the Government in Resurvey No.259 of Kuzhimanna village. The land was assigned under the provisions of Kerala Land Reforms (Ceiling) Rules 1970. 2. According to the petitioner, he was residing in a thatched shed in the property. The original assignment deed issued in his favour was irrecoverably lost from him in the flood. Therefore, he approached the 3rd respondent for issuing a certified copy of the same. Thereafter, the 3rd respondent directed the 1st respondent to conduct an enquiry and to file a report. Exhibit P2 is the copy of the report which shows that the petitioner is actually in possession of the property. It is also mentioned therein that the petitioner is not in good health and therefore, he is unable to do any physical activity also. W.P.(C) No.34678/2009 2 Thereafter, the petitioner is benefited by the certified copy of the deed of assignment which was issued and the same has been produced as Exhibit P3. Seeking for a direction to the Village Officer to accept basic tax, the petitioner has filed a representation before the Tahsildar. There will be a direction to the 2nd respondent to conduct due enquiries in the matter and if necessary, measure out the property and after fixing the boundaries, appropriate proceedings will be issued and thereafter the tax for the property to which the petitioner is entitled will be received and appropriate directions will be issued to the 1st respondent also in the matter. The proceedings will be finalised within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp