IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 34453 of 2006(B) ----------------------------------- PETITIONER : ---------------- SUNDARAN KARUVANKANDIYIL, S/O.KUNHIRAMAN, KARUVANCHERY AMSOM DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.M.C.ANTONY RESPONDENTS : ------------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE TAHASILDAR, VADAKARA TALUK, KOZHIKODE DISTRICT. 3. THE VILLAGE OFFICER, PALAYAD VILLAGE, VADAKARA TALUK, KOZHIKODE DISTRICT. GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No.34453 OF 2006 --------------------------------------- Dated this the 31st day of March, 2009 JUDGMENT The case of the petitioner is that he owns and possesses ½ right in 48 cents of land comprised in Sy.No.11/1 of Palayad Village of Vadakara Taluk. Ext.P1 is the sale deed No.3022/97 which stands in his name. The petitioner also produced the encumbrance certificate issued by the Sub Registrar Office for the periods from 01.01.1986 to 15.04.1988 and from 01.01.1994 to 19.08.2006 and marked as Exts.P2 and P3. Also produced tax receipts issued to his vendor dated 28.01.1995 for payment of land tax. The said receipt is Ext.P4. 2. It is the complaint of the petitioner that the Village Officer did not accept the land tax and therefore, he submitted a representation to the District Collector. It is also submitted that inspite of direction issued by this court, the respondents are not accepting the land tax. Ext.P9 order was passed by the Tahsildar stating that the petitioner did not produce the documents within the time prescribed and did not point out the property in possession to accept the tax from the W.P.(C) No.34453 of 2006 2 petitioner. The petitioner has produced the copy of the sale deed and other connected records before this court. It is submitted that the petitioner approached all the authorities and requested for permitting him to remit the land tax. 3. The learned Government Pleader submitted that the petitioner did not apply in the prescribed form under the Transfer of Registry Rules and if application is submitted in the proper form, the same will be considered immediately. 4. In the circumstances, this court directed the petitioner and his co-sharers to submit the application in the prescribed form with copies of necessary documents to the Tahsildar within two weeks from today and the Tahsildar shall pass appropriate orders within a period of one month thereafter. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE pac