IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 26227 of 2008(V) --------------------------------------- PETITIONER: ------------------- ABDUL RAHMAN, S/O.MUHAMMED AGED 42 YEARS MOTHIRAPUDEEDIKA HOUSE, KARIMBUZHA-I VILLAGE, OTTAPPALAM TALUK, PALAKKAD DISTRICT. BY ADVS. MR.JACOB SEBASTIAN, MR.S.SANTHOSH KUMAR. RESPONDENTS: ------------------------ 1. THE TAHSILDAR, OTTAPPALAM, PALAKKAD DISTRICT. 2. THE VILLAGE OFFICER, KARIMBUZHA I VILLAGE, PALAKKAD DISTRICT. 3. THE TALUK LAND BOARD, OTTAPPALAM. R1 TO R4 BY GOVT. PLEADER SMT. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26227/2008-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE DEED NO.5568 OF THE SRO MANNARKKAD. EXT.P.2: COPY OF THE PURCHASE CERTIFICATE NO. 97/1980 ISSUED BY THE SREEKRISHNAPURAM LAND TRIBUNAL TO SMT. DEVAYANI. EXT.P.3: COPY OF THE BASIC TAX PAID RECEIPT DTD. 02/01/2002 OF THE KARIMBUZHA -1 VILLAGE. EXT.P.3.A: COPY OF THE BASIC TAX PAID RECEIPT DTD. 13/10/2004 OF THE KARIMBUZHA – 1 VILLAGE. EXT.P.3.B: COPY OF THE BASIC TAX PAID RECEIPT DTD. 24/11/2005 OF THE KARIMBUZHA – 1 VILLAGE. EXT.P.4: COPIES OF SOME RECENT PHOTOGRAPHS. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 26227 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 18th June, 2009. J U D G M E N T The petitioner is the owner in possession of 20 cents of land in Survey No. 139/16 A1 of Karimbuzha village in Ottappalam Taluk. He obtained the same by Ext. P1 sale deed executed by one Devayani through her power of attorney. The said Devayani, in turn, obtained the same as per Ext. P2 certificate of purchase issued by the Sreekrishnapuram Land Tribunal under the Kerala Land Reforms Act. The petitioner's grievance in this writ petition is that from 2006 onwards, the 2nd respondent has stopped collecting tax from the petitioner alleging that some ceiling case under the Kerala Land Reforms Act is pending in respect of the property. Petitioner's application for possession certificate is also not considered favourably. According to the petitioner, to the knowledge of the petitioner, there is no ceiling case pending in respect of the property. The petitioner further submits that even assuming that a ceiling case is pending, the petitioner has a right to file an application under Section 85(8) of the Kerala Land Reforms Act. He further lays a claim on the basis of Kerala Land Reforms (Amendment) Act, 2005, wherein, according to the petitioner, persons like the petitioner are also eligible for benefits as a deemed tenant. The petitioner therefore seeks the following relief: “Issue a writ in the nature of mandamus commanding the respondents 1 and 2 to collect basic land tax from the petitioner in respect of the property described in Para 1 of the writ petition and issue him a possession certificate.” 2. No counter affidavit has been filed by the respondents. W.P.C. No. 26227/08 -: 2 :- However, the learned Government Pleader on instructions, submits that the validity of the purchase certificate itself is in doubt and that a ceiling case is pending against the original owner of the property and that the land is included in the draft statement in respect of the original owner. 3. I have considered the rival contentions in detail. 4. Even if the contention of the respondents that a ceiling case is pending in respect of the land in question is accepted, I am of opinion that insofar as the respondents do not dispute Ext. P2 certificate of purchase issued in favour of the predecessor-in-interest of the petitioner unless and until that certificate of purchase is set aside by a process known to law, the respondents cannot take the stand that they will not accept tax and issue possession certificate to the petitioner. Therefore, I am of opinion that the petitioner is entitled to the relief prayed for. Accordingly, the 2nd respondent shall accept the land tax in respect of the property from the petitioner when tendered along with a certified copy of this judgment. A possession certificate shall also be issued to the petitioner by the competent between respondents 1 and 2, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. However, I make it clear that I have not considered the contention regarding the ceiling case raised by the respondents on merits and my findings in this judgment would not stand in the way of the respondents proceeding with that ceiling case. This judgment would also not stand in the way of the appropriate authority taking appropriate steps against Ext. P2 W.P.C. No. 26227/08 -: 3 :- certificate of purchase, if there are grounds for proceeding against the same. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/