IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 3208 of 2009(F) ---------------------------------- PETITIONER: ------------------ DR.DUSHYANTHAN, S/O.VASUDEVAN, MADATHILAZHIKATHU VEEDU, KUNIL, THOOTTIKKAL MURI, MANKODU, KOLLAM. BY ADV. SRI.LIJU. M.P RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE PUBLIC INFORMATION OFFICER, KADAKKAL VILLAGE, KADAKKAL, KOLLAM. 4. THE VILLAGE OFFICER, KADAKKAL VILLAGE, KOTTARAKKARA TALUK, KOLLAM. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3208 OF 2009-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF SALE DEED NO.2003/1998 OF CHADAYAMANGALAM SUB REGISTRAR'S OFFICE DATED 11.6.1998 EXT.P2 TRUE COPY OF TAX RECEIPT DATED 9.7.1998 EXT.P3 TRUE COPY OF REPLY DATED 19.1.2009 ISSUED BY THE 3RD RESPONDENT EXT.P4 TRUE COPY OF PETITION DATED 21.1.2009 SUBMITTED BY PETITIONER BEFORE THE 4TH RESPONDENT EXT.P5 TRUE COPY OF LETTER DATED 21.1.2009 ISSUED BY 3RD RESPONDENT EXT.P6 TRUE COPY OF COMPLAINT IN O.S.531/98 ON THE FILE OF MUNSIFF'S COURT, KOTTARAKKARA / TRUE COPY / Thottathil B. Radhakrishnan, J. - - - - - - - - - - - - - - - - -- - - - - - - - W.P.(C) No. 3208 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2010 JUDGMENT The petitioner says that he is the Thandaper account holder of a land in question in relation to which he made Ext.P4 petition seeking that land tax may be accepted from him. The receipt of basic tax accounted as against a particular Thandaper account is a manner of obtaining revenue for the State. Pendency of civil suits or other such proceedings would have no bearing on the right of the State to collect basic tax and the entitlement of the citizen to pay tax as against the Thandaper account under which the property stands. Even if the amounts are paid by any other person, due credit will be given to the Thandaper account even, if necessary, by noting the identity of the person from whom the amount is received. 2. Under such circumstances, the 4th respondent is directed to take up Ext.P4 and do the needful as stated above. If for any reason the 4th respondent comes to the conclusion that basic tax cannot be received for reasons otherwise than noticed herein WPC No.3208 of 2009 -:2:- above, specific orders shall be issued stating such reasons. Needful shall be done in this regard within four weeks of receipt of a copy of this judgment. Writ Petition is ordered accordingly. Thottathil B. Radhakrishnan, Judge. ttb WPC No.3208 of 2009 -:3:-