IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 29774 of 2010(V) -------------------------- PETITIONER: ------------------ SURYA FURNACES AND REFRACTORIES PVT.LTD REPRESENTED BY ITS DIRECTOR, K.K.NEELAMBARAN, SON OF KUNJAN, KANIYACHERIYIL HOUSE,VENNIKKULAM, ERNAKULAM DISTRICT. BY ADV. SRI.S.RAMESH BABU RESPONDENT(S): --------------------------- 1. STATE OF KERALA,REP.BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT TRIVANDRUM. 2. THE VILLAGE OFFICER,TIRUVANKULAM VILLAGE, ERNAKULAM. 682308 3. THE TAHSILDHAR, KANAYANNUR TALUK, ERNAKULAM 31. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29774 of 2010(V) ----------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE RETIREMENT DATED 17.8.1989. EXT.P2.COPY OF THE NEWLY CONSTITUTED PARTERSHIP DATED 11.8.1989 EXT.P3. COPY OF THE CERTIFICATE OF INCORPORATION NO.09-05680 OF 1990 DATED 5TH VAISAKHA 1912 (SAKA) EXT.P4. COPY OF THE MEMORANDUM OF ASSOCIATION OF THE PETITIONER COMPANY DATED 19.3.1990. EXT.P5. COPY OF THE ANNUAL RETURN FILED BY THE PETITIONER COMPANY. EXT.P6. COPY OF THE BALANCE SHEET DATED 31.8.2009 OF THE PETITINER COMPANY AT 31.3.2009. EXT.P7. COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 17.9.2010 BEFORE THE 2ND RESPNDENT EXT.P8. COPY of the CERTIFICATE OF ENCUMBRANCE DATED 9.9.2010. RESPONDENT'S EXHIBITS ------------------------------------ EXT.R2(A). COPY OF THE THANDAPPER REGISTER IN RESPECT OF RE.SY. NO.197/14. / TRUE COPY / P.A. TO JUDGE WP(C).No. 29774 of 2010(V) --------------------------------------- ORDER ON IA.NO.4093/2011 IN WPC NO.29774/2010 This is a petition for correction in the Survey Number. Heard. Not opposed. Allowed. 11.3.2011 Sd/- P.R.RAMACHANDRA MENON, JUDGE / TRUE COPY / P.A. TO JUDGE VK P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.29774 of 2010 -------------------------- Dated this the 11th March, 2011 J U D G M E N T The case of the writ petitioner is that the 2nd respondent is refusing to receive the land tax in respect of the property comprised in Sy No.197/12 (corrected as per order in I.A No.4093/2011 passed on this day) for the years 1996-2010. 2. The learned Government Pleader appearing for the respondents submits that the petitioner has not produced any documents to prove the title; without which the prayer of the petitioner cannot be acceded to. If the petitioner produces requisite proof in this regard before the 2nd respondent, the matter will be considered and appropriate reliefs will be granted to the petitioner, in accordance with law, submits the learned Government Pleader. 3. The learned counsel for the petitioner submits that he is ready and willing to substantiate the position by producing requisite materials before the 2nd respondent. W.P (C) No. 29774 of 2010 2 4. In such circumstances, the writ petition is disposed of, with liberty to the petitioner to produce the relevant documents before the 2nd respondent in support of the title. On the basis of the documents to be produced as above, appropriate orders shall be passed by the 2nd respondent as to the transfer of registry in accordance with the Transfer of Registry Rules and in turn, enabling the petitioner to remit the basic tax in respect of the property, if he turns to be successful in this regard.. Proceedings as above shall be finalized, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ PA to Judge