IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 27591 of 2008(I) ------------------------------------- PETITIONER: ------------------- JAYAPRAKASH, S/O.DEVAKI AMMA, ADVOCATE, KARUVAMBRAM P.O., ERANADU TALUK, MALAPPURAM DISTRICT. BY ADV. MR.G.HARIHARAN. RESPONDENTS: ------------------------ 1. THE TAHSILDAR, ERANAD TALUK, MANJERI, MALAPPURAM DISTRICT. 2. THE VILLAGE OFFICER, THRIKKALANGODE VILLAGE, ERANADU TALUK, MALAPPURAM DISTRICT. *ADDL.R3. ROJI ALPHONSE, D/O. NAVARAJ, RESIDING AT CHADIKKALLU, KARUVAMBRAM.P.O., ERNAD TALUK, MALAPPURAM DISTRICT. *ADDL.R4. MARY LAKSHMI, W/O. NAVARAJ, RESIDING AT CHADIKKALLU, KARUVAMBRAM.P.O., ERNAD TALUK, MALAPPURAM DISTRICT. *ARE IMPLEADED AS ADDL.3RD AND 4TH RESPONDENTS AS PER ORDER DTD. 10/02/2009 IN I.A. NO. 1985/09. R1 & R2 BY GOVERNMENT PLEADER MR. M.A. ASIF, *ADDL. R3 & R4 BY ADV. MR. S.SHAJI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27591/2008-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE DEED NO. 1785/2003 OF S.R.O. MANJERI. EXT.P.2: COPY OF THE INTERIM ORDER MADE IN W.P.(C).NO.8581/2008 DTD. 18/06/2008. EXT.P.3: COPY OF THE CANCELLATION DEED RELATING TO EXHIBIT P.1. SALE DEED BEFORE THE S.R.O. MANJERI. EXT.P.4: COPY OF THE COMMUNICATION DTD. 11/08/2008 SENT BY THE TAHSILDAR, MANJERI ADDRESSED TO THE PETITIONER. EXT.P.5: COPY OF THE DOCUMENT NO. 5147/2002. EXT.P.6: COPY OF THE DOCUMENT NO. 6126 OF S.R.O. MANJERI. EXT.P.7: COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, THRIKALAMGODE VILLAGE ON 11/12/2002 VIDE RECEIPT NO. 4184409. EXT.P.8: COPY OF THE REQUISITION FILED BY THE PETITIONER BEFORE THE R.2. RESPONDENTS' EXHIBIT: EXT.R1.A: COPY OF THE JUDGMENT IN W.P.(C).NO.8581/2008. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC,J. ----------------------- W.P.(C).No.27591 OF 2008 ------------------------ Dated this the 20th day of February, 2009. JUDGMENT Prayer in this writ petition is to direct the first respondent to accept the land tax from the petitioner in relation to the property mentioned in Ext.P1 document. 2. The facts of this case are that by Ext.P1, the property scheduled therein was sold by the petitioner to a Nepali business man by name Paul Navaraj. Though the document was registered, mutation was declined to be effected. At that stage the petitioner approached this court and filed, WP(c).No.8581/08. After hearing both sides this court passed Ext.P2 order, taking note of prohibition of creation of document by a foreign citizen, that the only way out for the petitioner is to execute a cancellation deed. Accordingly, Ext.P3 deed of cancellation of Ext.P1 was also executed. Thereafter when the petitioner WP(c).No.27591/08 2 offered basic tax in respect of the property and that was declined to be accepted as per Ext.P4, making reference to the pendency of the writ petition referred to above. It is thereupon that this writ petition was filed with the prayer mentioned above. 3. On the directions of this court, the legal heirs of the purchaser in Ext.P1 document, were impleaded as additional respondents 3 and 4. They too have filed an affidavit confirming execution of Ext.P3 and receiving the entire sale consideration back from the petitioner. They have confirmed that they have no objection in the respondents accepting tax from the petitioner. 4. Thus Ext.P1 document has been cancelled by Ext.P3 pursuant to Ext.P2 order passed by this court. The legal heirs of the purchaser, additional respondents 3 and 4 also have confirmed that they have no objection in accepting tax from the petitioner. Now that the transaction is bona fide, there is no reason why the tax should not be accepted from the WP(c).No.27591/08 3 petitioner. Accordingly, I direct that the respondents shall accept land tax in respect of the property covered by Exts.P1 and P3 from the petitioner on the production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.27591/08 4