IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 28232 of 2009(Y) ----------------------- PETITIONER : -------------------- K.V.RADHAKRISHNA MENON, LIGHT HOUSE, KANNIYAMPURAM, OTTAPALAM, PALAKKAD DISTRICT. BY ADVS. SRI.V.RAJENDRAN SMT.K.S.SABITHA RESPONDENT(S): ------------------------- 1. DISTRICT COLLECTOR, KOZHIKODE. 2. THAHASILDAR, KOZHIKODE TALUK, KOZHIKODE. 3. VILLAGE OFFICER, PANIYANKARA, KOZHIKODE. 4. CORPORATION OF CALICUT REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, KOZHIKODE. R1 TO R3 BY GOVT. PLEADER SRI. MATHEW GEORGE VADAKKEL R4 BY ADV. SRI.K.D.BABU, SC, KOZHIKODE CORPORATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 28232 of 2009(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE POSSESSION CERTIFICATE ISSUED BY 2ND RESPONDENT DATED 07.01.1991. EXT.P2 : COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 19.02.2003. EXT.P3 : EXTRACT OF THE RESOLUTION DATED 30.04.1927 OF THE MUNICIPAL COUNCIL KOZHIKODE. EXT.P4 : COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.01.2003. EXT.P5 : COPY OF THE REPORT OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 17.05.2003. EXT.P6 : COPY OF THE NOTICE OF THE 2ND RESPONDENT TO THE 4TH RESPONDENT DATED 15.01.2004. EXT.P7 : COPY OF THE REPLY GIVEN BY THE PIO OF THE KERALA WATER AUTHORITY DATED 25.07.2009. EXT.P8 : COPY OF THE LETTER DATED 27.07.2009 OF THE 2ND RESPONDENT TO THE PETITIONER. EXT.P9 : COPY OF THE LETTER DATED 14.08.2009 OF THE PIO OF THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn ANTONY DOMINIC, J --------------------------------------- W.P(C) No.28232 of 2009 ---------------------------------------- Dated this the 26th day of July, 2011. J U D G M E N T Refusal of the revenue authorities to accept tax in respect of 1.19 Acres of land in Survey No.337 of Panniyankara Village, is the complaint in this writ petition. According to the petitioner the property in which Neelochira tank is situated, belongs to the petitioner's family and tax in respect of which was accepted till 1996- 1997. It is stated that thereafter for no valid reason, tax is refused to be accepted. 2. In the aforesaid background, the petitioner has made Ext.P4 representation to the 2nd respondent. On Ext.P4, Ext.P5 report of the Village Officer was obtained which confirmed that the title of the property is that of petitioner's family. It is also stated that despite Ext.P6 notice issued, Corporation could not substantiate any claim over the property, and that inspite of all these, tax was not accepted. It is in these circumstances the writ petition is W.P(C) No.28232 of 2009 2 filed. 3. At present the issue is pending consideration of the 2nd respondent, and it is for the 2nd respondent to take a final decision in the matter taking note of Ext.P5 report and other materials substantiating the claim of the petitioner. In that view of the matter, I dispose of this writ petition directing the 2nd respondent to take a decision on Ext.P4 with notice to the petitioner and the 4th respondent. 4. This the 2nd respondent shall do as expeditiously as possible, at any rate within six weeks from the date of production of a copy of this judgment along with the copy of this writ petition. ANTONY DOMINIC ab JUDGE W.P(C) No.28232 of 2009 3