IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 3884 of 2006(K) -------------------------------------------- PETITIONERS: -------------------- 1. U.K.MOHANARAJ, MAPPADASTH HOUSE, 5/3151, U.K.S.ROAD, KALATHIKUNNU AMSOM AND DESOM, KOZHIKODE TALUK. 2. U.K.JAYARAJ, MAPPADATH HOUSE, 5/3151, U.K.S.ROAD, KALATHIKUNNU AMSOM AND DESOM, KOZHIKODE TALUK. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE TAHSILDAR, KOZHIKODE. 3. ULLATTIL UMADEVI NAMBIAR, KALLIASSERI VEEDU, NO.571, IST MAIN ROAD, IIIRD BLOCK, RAJMAHAL VILLA, STATE II, BANGALORE-560 094. R1 & R2 BY GOVERNMENT PLEADERSHRI BEJOY CHANDRAN. BY ADV. SRI.T.P.KELU NAMBIAR (SR.) FOR R3 SRI.P.G.RAJAGOPALAN FOR R3 SRI.M.GOPIKRISHNAN NAMBIAR FOR R3 SMT.T.RESMI DAMODARAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 3884 OF 2006 K -------------------------------------- Dated this the 16th July, 2008 JUDGMENT Petitioners challenge Ext.P5. Ext.P5 is an order passed by the second respondent Tahsildar, by which the request of the third respondent to collect land tax from the third respondent was accepted. Petitioners also seek a direction to respondents 1 and 2 not to collect land tax from the third respondent with respect to the property as per the Settlement Deed dated 26.6.2001. They further seek a direction to pass orders on Exts.P6 and P7. 2. I heard the learned counsel for the petitioners, the learned Government Pleader and also the learned counsel appearing for the third respondent. In view of the fact that the petitioners have already approached the Appellate Authority by filing Ext.P6 appeal, the Writ Petition is disposed of as follows: There will be a direction to the first respondent to consider and pass appropriate orders on the same in accordance with law, WPC.3884/06 K 2 after affording an opportunity of being heard to the petitioner and the third respondent, within a period of six weeks from the date of receipt of a copy of this Judgment, if the appeal has not already been disposed of. If the appeal has already been disposed of, needless to say, it is open to the petitioners to challenge the same in appropriate proceedings, if so advised. I leave open the contentions of the petitioners. K. M. JOSEPH, JUDGE kbk.