IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WP(C).No. 273 of 2010(H) ------------------------ PETITIONER: --------------- JOSEPH S/O.JOSEPH, THEKKINEDATH HOUSE, JEW STREET, NORTH PARAVUR. BY ADV. SRI.ASOK M.CHERIAN SRI.SANTHOSH G. PRABHU SRI.S.KANNAN SMT.S.RAKHEE RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, CULTURAL AFFAIRS (B) DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DEPARTMENT OF ARCHEOLOGY, THIRUVANANTHAPURAM. 3. THE TAHSILDAR, NORTH PARAVUR, ERAKULAM. 4. THE VILLAGE OFFICER, NORTH PARAVUR, ERNAKULAM. GOVERNMENT PLEADER SRI.S.SANAL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.(C).No.273 of 2010 --------------------------------------------- Dated this the 6th day of January, 2010 JUDGMENT The petitioner herein is the owner and in possession of 15 cents of land and house in Paravur village, Ernakulam District. 4.5cents of land in out of the above 15 cents of land is in Sy.No.240/8 and one cent of land is in Sy.No.240/2A and 9.950 cents of land is in Sy.No.240/7. 2. Exts.P1 and P2 are the copies of the sale deeds produced by the petitioner in support of the above plea. 3. The Government as per order dated 17/2/1998, issued notification under sub section (1) of section 4 of the Kerala Ancient Monuments and Archeological Sites and Remains Act, 1968 declaring the Jewish Synagogue in North Paravur as a protected monument. The learned counsel for the petitioner submitted that the notification refers only to the synagogue and 54 cents of property in Sy.No.240/8. It is also the case that the said notification was issued without having exact measurement of the entire extent. W.P.(C).No.273 of 2010 2 4. Trouble arose to him when the petitioner approached the 4th respondent for remitting land tax. An objection appears to have been raised, on the plea that it is not the petitioner’s property, but one included in the notification. 5. According to the petitioner the entire property covered by the said notification is only 49.5 cents and the petitioner’s property is separated by clear boundary and therefore any portion of the property of the petitioner will not form part of the notified property. Ext.P8 is the report of the Tahsildar relied upon by the petitioner in this context. The said report of the Tahsildar was forwarded to the Director of the Archeological Department. In these circumstances, petitioner has moved the Government seeking an appropriate order as per Ext.P9 representation. It is the case of the petitioner that unless proper directions are issued, revenue authorities may not accept the basic land tax, which will cause hardship for enjoyment of his property. 6. A decision will be taken by the Government on Ext.P9 after hearing petitioner and after considering Ext.P8(4) also within 3 months from the date of receipt of a copy of this W.P.(C).No.273 of 2010 3 judgment, and the petitioner’s enjoyment of the property will not be interfered. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj