IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 WP(C).No. 17528 of 2010(M) ---------------------------------------- PETITIONER(S): ---------------------- RAJESH D.ASHER, S/O.DHARAMESHI KANJI ASHER, AGED 48, RESIDING AT CC VIII /2148 A, PARAVANA JUNCTION, KOCHI-682 002. BY ADV. SRI.K.L.JOSEPH, SMT.P.SAREENA GEORGE. RESPONDENT(S): ------------------------- 1. VILLAGE OFFICER, THOPPUMPADY VILLAGE, ERNAKULAM DISTRICT. 2. STATE OF KERALA, REP. BY ITS SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER MR.DILEEP MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 17528/2010-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LAND TAX RECEIPT BEARING NO.14 DATED 04/10/2002 ISSUED BY THE VILLAGE OFFICE THOPPUMPADY. EXT.P2: COPY OF THE POSSESSION CERTIFICATE DATED 04/10/2002 BEARING NO.1183/2002 ISSUED BY THE VILLAGE OFFICER. EXT.P3: COPY OF THE LAWYER NOTICE DATED 10/05/2010. EXT.P4: COPY OF THE A/D CARD. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 17528 of 2010 M ``````````````````````````````````````````````````````` Dated this the 11th day of November, 2010 J U D G M E N T Petitioner claims ownership and possession of 1/7th undivided right over 12.35 cents of land comprised in Survey No.697/2 of Thoppumpady village as per sale deed bearing No.2956/2000 of Kochi Sub Registry. It is stated that the property has been mutated in the name of the petitioner and his wife and that they were paying tax also in respect of the property. However, complaint of the petitioner is that, despite the above, tax is refused to be accepted by the first respondent. If as stated by the petitioner, mutation of the property is still in the name of the petitioner and his wife, there is no reason why the tax shall not be accepted. 2. Therefore, directing that, if the property has been mutated in the name of the petitioner and his wife, basic tax in respect of the property mentioned above shall be accepted on W.P.(C) No.17528/10 : 2 : the production of a copy of this judgment, this writ petition is disposed of. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge