IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WA.No. 1660 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.14586/2009 Dated 28/05/2009 .................... APPELLANTS/RESPONDENTS 5 TO 8: ---------------------------------------- 1. DR.ANTONY, S/O.LATE OUSEPH. 2. MONIKUTTY ANTONY, W/O.DR.ANTONY. 3. DR.JOEL ANTONY, S/O.DR.ANTONY. 4. MEERA ANTONY, D/O.DR.ANTONY. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.NIMOD A.R. SRI.C.A.ANOOP RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 4: ---------------------------------------------------------- 1. M.KANNAN, S/O.MUTHU, RESIDING AT THONIPALLAM HOUSE, PALANKARA, MANJAPRA, PALAKKAD DISTRICT. 2. THE VILLAGE OFFICER, VANDAZHI I VILLAGE, PALAKKAD. 3. THE ADDITIONAL TAHSILDAR, ALATHUR, PALAKKAD. 4. THE TALUK SURVEYOR, ALATHUR, PALAKKAD. 5. THE DISTRICT SURVEY SUPERINTENDENT, PALAKKAD. R1 BY ADV. SRI.T. SETHUMADHAVAN R2 TO R5 BY SR. GOVT. PLEADER, SMT. K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1660 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of August, 2009 JUDGMENT Kurian Joseph, J. Appellants are respondents 5 to 8 in the Writ Petition. The writ petitioner is the first respondent in this writ appeal. The writ petition was filed with the following prayers: “i. to issue a writ of mandamus or any other appropriate writ order or direction directing the 1st respondent to accept the basic tax in respect of 2 acres of land purchased by the petitioner as per Ext.P1 document and situated in Survey No.551 of Vandazhyil Village, Palakkad District. ii. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent not to receive the basic tax from respondents 5 to 8 in the light of Exhibits P8, P9 and P10 proceedings. iii. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent not to accept the basic tax or not to issue a possession certificate in respect of the property comprised in R.S.No.551 of Vandazhyil Village from respondents 5 to 8 in the light of Exhibits P8, P9 and P10 proceedings.” 2. The learned Single Judge having referred to the facts WA No. 1660/09 -:2:- as alleged in the writ petition, at the admission stage directed the first respondent to take action on Ext.P11 objections filed by the writ petitioner/first respondent, with notice to all the parties. The learned Senior counsel appearing for the appellants submits that the first respondent may be directed to take a decision as per the judgment of the learned Single Judge untrammelled by the observations and findings, if any, in the judgment. Though we do not find any observation and finding which would affect the independent decision by the first respondent, by way of abundant caution, we make it clear that the first respondent shall consider the matter with notice to the writ petitioner and other parties, untrammelled by the observations and findings, if any, in the judgment under appeal, affecting the rights of the parties. The Writ Appeal is disposed of. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb WA No. 1660/09 -:3:-