IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(C).No. 31505 of 2010(K) -------------------------- PETITIONER(S): --------------- MOIDU HAJI.A.A., AGED 78 YEARS, 7/442, MARAKKADAVU, KOCHI-682002, ERNAKULAM. BY ADV. SRI.M.K.CHANDRA MOHANDAS SRI.A.M.NASEER RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THAHSILDAR, TALUK OFFICE, KOCHI, ERNAKULAM. 3. DEPUTY THAHSILDAR (RR), KOCHI, ERNAKULAM. 4. VILLAGE OFFICER, VILLAGE OFFICE, THOPPUMPADY, KOCHI, ERNAKULAM. SENIOR GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31505/2010-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of October, 2010 J U D G M E N T The petitioner herein along with his children as co- owners purchased an extent of 10.250 cents of land comprised in Survey Nos.577/2, 577/3, 579 and 580 as per Sale Deed No.4536/1999 and a further extent of 10.250 cents of land comprised in Survey Nos.577/3 & 580 as per Sale Deed No.4639/1/2000. The properties thus covered a total extent of 20.500 cents in Thoppumpady Village, Kochi Taluk. The previous owner of the property is Smt.Amina Bhai. The copies of the Sale Deeds are produced as Exts.P1 and P2. It is averred in the writ petition that the petitioners are paying building Tax to the building situated in the land. An extent of 3.200 cents of Government land which is lying along the said property purchased by the petitioner was also in possession of the previous owner and is now in the possession of the petitioner and the co-owners. The Government has granted lease in respect of the said property. 2. The petitioner is aggrieved by Ext.P4, a demand notice issued by the third respondent for an amount of Rs.2,44,141/- with 6% interest towards lease rent for the years 1995-2007. According to the petitioner, no details W.P.(C). No.31505/2010 -:2:- are mentioned in the demand notice. The petitioner immediately sent letter objecting to the same as per Ext.P5. Thereafter, reply was given as per Ext.P6 by the Tahsildar. According to the petitioner, therein also essential details are not available. It is pointed out that the assessment and the recovery steps are clearly illegal. Thereafter, the petitioner filed Ext.P7 representation through Registered Post to the District Collector. It is pointed out by the learned counsel for the petitioner that the petitioner is entitled to know the basis of the assessment and the liability, if any, on his part. It is also contended that the claim is barred by limitation. 3. There will be a direction to the District Collector to take a decision on Ext.P7 after hearing the petitioner and after conducting due enquiry within three months from the date of receipt of a copy of this Judgment. Till orders are passed and communicated to the petitioner, the recovery proceedings will be kept abeyance. The writ petition is disposed of as above. The petitioner will produce a copy of the writ petition along with a copy of this Judgment before the District Collector for compliance. No costs. (T.R. Ramachandran Nair, Judge.) ms