IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 28158 of 2007(B) -------------------------------------- PETITIONER(S): ---------------------- JOSEPH, AGED 44 YEARS, S/O. KURIAKOSE, MUNGANANI HOUSE, THRIKKAIPATTA. BY ADV. MR.V.K.SUBRAMANIAN MR.M.K.SASEENDRAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE VILLAGE OFFICER, THRIKKAIPATTA VILLAGE. 3. THE DISTRICT COLLECTOR, WAYANAD. 4. THE SURVEYOR, RE-SURVEY, VYTHIRI TALUK. R1 TO R4 BY GOVERNMENT PLEADER MR.V.TEK CHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 28158/2007-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE POSSESSION CERTIFICATE DATED 15/06/198. EXT.P2: COPY OF THE TAX RECEIPT DATED 13/02/1989. EXT.P3: COPY OF THE TAX RECEIPT DATED 01/07/1995. EXT.P4: COPY OF THE TAX RECEIPT DATED 25/10/1996. EXT.P5: COPY OF THE TAX RECEIPT DATED 21/01/1998. EXT.P6: COPY OF THE TAX RECEIPT DATED 25/10/1999. EXT.P7: COPY OF THE TAX RECEIPT DATED 28/11/2000. EXT.P8: COPY OF THE TAX RECEIPT DATED 27/11/2007. EXT.P9: COPY OF THE REPRESENTATION DATED 02/01/2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ P.R.RAMACHANDRA MENON, J. ====================== W.P.(C) No.28158 of 2007(B) ====================== Dated, this the 20th day of March, 2009 J U D G M E N T of The petitioner is owner of the property having an extent of 3 acres and 70 cents of land comprised in Sy.Nos.213/1, 215/5, 215/12, 211/2 Block 29 of the Thrikkaripatta Village, having obtained the title, ownership and possession by virtue of the settlement deed No.271 of 1989 of the Kalppatta Sub-Registry executed by his mother. It is stated that the petitioner has been enjoying the said properties with clear title, exclusive possession and absolute ownership to the exclusion of all others as evident from Exhibit P1 possession certificate and also from Exhibits P2 to P8 tax receipts. 2. The case of the petitioner is that when he remitted the tax for the period 2006-2007, the second respondent issued the receipt only in respect of the lands covered in the survey numbers, excepting the one in Sy.No.211/2. The reason informed to the petitioner was that W.P.(C) No. 28158/2007 -:2:- the said land was omitted in the re-survey conducted by the appropriate authority and that no tax could be accepted. The petitioner submits that even after the re-survey, the second respondent has accepted the tax for the said land in Sy.No.211/2 and that there is absolutely no reason for taking a different stand. 3. No counter affidavit has been filed by the respondents with regard to the specific averments raised by the petitioner. However, the learned Government Pleader, on the basis of the instructions, submits that Exhibit P9 representation preferred by the petitioner for redressal of his grievance is pending consideration before the third respondent. 4. In above facts and circumstances, the third respondent is directed to consider Exhibit P9 representation and pass appropriate orders on merits after giving an opportunity of hearing to the petitioner. The matter shall be W.P.(C) No. 28158/2007 -:3:- finalised as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this Judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the third respondent for finalisation of the matter as aforesaid. The writ petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON, JUDGE. skr // True copy // P.A. to Judge.