IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 OP.No. 13401 of 1998(U) ----------------------- PETITIONER(S): --------------- N.S. VASANTHA, WIFE OF KRISHNADAS, PULLAROTTU HOUSE, ERUPPE DESOM, KARAKKAD, OTTAPPALAM TALUK, PALAKKAD DIST. BY ADV. SRI.P.VIJAYA BHANU SRI.P.G.PARAMESWARA PANICKER SRI.SANTHEEP ANKARATH RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, OTTAPPALAM. 2. THE TAHSILDAR, OTTAPPALAM. 3. THE VILLAGE OFFICER, SHORANUR I VILLAGE, PALAKKAD DIST. ADDL.4. KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD., REPRESENTED BY THE MANAGING DIRECTOR, SANTHI NAGAR, TRIVNDRUM 695 001 ADDL. R4 IS IMPLEADED AS PER ORDER DATED 6.7.99 IN CMP 21974 OF 1999 R4 BY ADV. SRI.M.A.MANHU R1 TO R3 BY GOVERNMENT PLEADER SRI. MATHEW VADAKEL. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 23502 OF 1998 IN OP 13401 OF 1998 DISMISSED 7.7.2009 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF LAND ASSIGNMENT CERTIFICATE NO. 4158/76 DATED 11.12.76 ISSUED BY THE PATTAMBI LAND TRIBUNAL EXT.P1(a) DO.DO. ENGLISH TRANSLATION. EXT.P2 TRUE COPY OF ASSIGNMENT DEED DATED 27.6.88 EXECUTED BETWEEN THE PETITIONER AND KURIAN. EXT.P2(a) DO.DO. ENGLISH TRANSLATION. EXT.P3 TRUE COPY OF ASSIGNMENT DEED DATED 20.9.94 EXECUTED BETWEEN THE PETITIONER AND KURIAN EXT.P3(a) DO.DO ENGLISH TRANSLATION. EXT.P4 TRUE COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT DATD 27.12.1995 EXT.P4(a) DO.DO. ENGLISH TRANSLATION. EXT.P5 TRUE COPY OF PETITION SUBMITTED BEFORE THE FIRST RESPONDENT BY THE PETITIONER ON 16.5.1996 EXT.P5(a) DO.DO. ENGLISH TRANSLATION. EXT.P6 TRUE COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 23.6.1997 EXT.P6(a) DO.DO. ENGLISH TRANSLATION. 4TH RESPONDENT'S EXHIBITS: EXT.R4(a) PHOTOCOPY OF THE LETTER DATED 21.3.1996 ISSUED BY THE TAHSILDAR OTTAPPALAM TO THE OFFICER IN CHARGE, INDUSTRIAL ESTATE, KARAKKAD, SHORANUR. EXT.R4(b) PHOTOCOPY OF THE LETTER DATED 23.3.1999 ISSUED BY THE TAHSILDAR OTTAPPALAM TO THE ESTATE MANAGER, SIDCO INDUSTRIAL ESTATE, KARAKKAD, SHORANUR. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O. P. NO. 13401 OF 1998 -------------------------------------------- Dated this the 7th day of July, 2009 JUDGMENT O.P. is filed for direction to respondents to receive tax for three cents of land and issue receipt for the same. However, Government Pleader submitted that on record petitioner is left with one cent of land and so much so tax receipt cannot be issued for three cents. The controversy is regarding extent of land occupied by the petitioner. Tahsildar is directed to conduct enquiry and find out the extent of land held by the petitioner and accept tax for the actual extent of land owned and possessed by the petitioner. Petitioner will produce a copy of this judgment before the Tahsildar for compliance. O.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2