IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 10079 of 2006(Y) -------------------------- PETITIONER(S): --------------- ALI HAJI, S/O. KUNJAHMED, KANNANTHODI HOUSE, VATATHOOR, MELATTOOR (VIA), PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): --------------- 1. THE TAHSILDAR, PERINTHALMANNA. 2. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, MALAPPURAM. 3. THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM - 695 033. 4. AHMEDKUTTY HAJI, KANNANTHODI HOUSE, VATTATHOOR, MELATTOOR, PERINTHALMANNA. 5. ABDUL KHADER, KANNANTHODI HOUSE, VATTATHOOR, MELATTOOR, PERINTHALMANNA. 6. ABDULLA, KANNANTHODI HOUSE, VATTATHOOR, MELATTOOR, PERINTHALMANNA. 7. THE VILLAGE OFFICER, VATTAATHOOR, PERINTHALMANNA, MALAPPURAM DISTRICT. R1 TO 3 & R7 BY G.P. SRI. MATHEW VADAKEL ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE FOR R4,5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF THE DOCUMENT NO.1901/1951 DATED 13.7.1951 EXT.P2 TRUE PHOTOCOPY OF THE DOCUMENT EXECUTED BY THE FOURTH RESPONDENT IN FAVOUR OF HIS SON NAMELY THE FIFTH RESPONDENT ON 18.3.2002 EXT.P3 TRUE PHOTOCOPY OF THE DOCUMENT NO. 2140/1956 DATED 18.10.1956 EXT.P4 TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, VETTATHOOR IN THE YEAR 1996 TO THE PETITIONER. EXT.P5 TRUE PHOTOCOPY OF THE ORDER OF THE FIRST RESPONDENT DATED 6.2.2004 EXT.P6 TRUE PHOTOCOPY OF THE ORDER OF THE 2ND RESPONDENT DATED 5.7.2004 EXT.P7 TRUE PHOTOCOPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 2.8.2004 EXT.P8 TRUE PHOTOCOPY OF THE ORDER OF THE THIRD RESPONDENT DATED 8.3.2006 RESPONDENTS 4 AND 5'S EXHIBITS: EXT.R5(a) TRUE COPY OF THE ORDER OF THE COURT OF THE MUNSIFF OF PERINTHALMANNA IN I.A. 279 OF 2004 IN OS 42 OF 2004 DATED 18.8.2004 TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 10079 OF 200 -------------------------------------------- Dated this the 9th day of July, 2009 JUDGMENT Petitioner's grievance is that for 18 cents of land he was remitting land tax until 2000 and thereafter the Village Officer declined to receive the tax for the said property as portion of the property thereafter was in the name of contesting respondents 4 to 6. Even though petitioner filed civil suit, the same was dismissed and petitioner has filed appeal against the decree in the civil suit. According to the petitioner civil court wrongly relied on the revenue records created by the Tahsildar. Petitioner can raise this contention in the appeal filed against the judgment in civil suit. As of now, civil court decree is in favour of contesting respondents and therefore no direction can be given to the Village Officer to receive tax from the petitioner. If the appellate court's decree is in favour of the petitioner, then petitioner can seek for correction of the revenue records consistent with the decree. W.P.C. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2