IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 5786 of 2010(W) ------------------------- PETITIONER(S): --------------- ABDUL SALAM, PUNNAPPALA HOUSE, COMPANIPADY, KATTUMUNDA, NADUVATH P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------- 1. THE TAHASILDAR, NILAMBUR TALUK, MALAPPURAM DISTRICT. 2. THE VILLAGE OFFICER, MAMBAD VILLAGE, NILAMBUR TALUK, MALAPPURAM DISTRICT. GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 5786 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 14th day of July, 2010. J U D G M E N T The petitioner claims to be the owner of 1.07 acres of land comprised in re-survey No. 532 of Mambad Village of Ernad Taluk in Malappuram District. In support of his contention, he relies on Exts.P1 to P4 documents. The petitioner's grievance in this writ petition is that he is being allowed to pay tax only in respect of 53.5 cents. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to collect tax for the entire 1.07 Acres of land comprised in Block 82.224/2 (Old. R. Sy. No. 532) of Mambad Village of Ernad Taluk in Malappuram District. (ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to take meaningful steps to collect tax for the entire 1.07 Ares of land comprised in Block 82.224/2 (Old R. Sy. No. 532) of Mambad Village of Ernad Taluk in Malappuram District and restraining the miscreants to trespass into the said land.” 2. The learned Government Pleader, on instructions, submits that as per the revenue records prepared pursuant to the re-survey conducted in 1995, only 20.40 ares belong to the petitioner and the balance property is shown as Panchayat road puramboke. Therefore, according to him, as far as the revenue authorities are concerned, they can accept tax only in respect of the property shown in the revenue records as belonging to the petitioner. 3. I have heard both sides. 4. In view of the specific averment that as per revenue records, the petitioner owns only 20.40 ares, if the petitioner actually owns more than that area, the petitioner's remedy lies in getting the resurvey records corrected appropriately. As far as the payment of W.P.C. No. 5786/2010 -: 2 :- tax is concerned, the revenue authorities can accept tax only as per the revenue records available with them. Therefore, without prejudice to the right of the petitioner to take appropriate steps to get the resurvey records corrected appropriately and then approach the respondent for payment of tax, this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.