IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 23573 of 2008(F) -------------------------------- PETITIONER: -------------- MOOSA HAJI, S/O.AHMED KUNJI HAJEE, 48 YEARS, CHALIL THODUKAYIL HOUSE, PO.MANIPURAM, KOZHIKODE DISTRICT. BY ADV. SRI.A.BALAGOPALAN SRI.A.RAJAGOPALAN SRI.T.LAKSHMI SRI.K.SANEESH KUMAR RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, WAYANAD. 2. THE VILLAGE OFFICER, SULTAN BATTERY VILLAGE, SULTAN BATTERY PO., WYNAD. GOVERNMENT PLEADER SRI. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.23573/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE SALE DEED No.275/1996 OF THE S.R.O., SULTAN BATTERY. EXT. P2 : COPY OF the DOCUMENT No.2896/1961 OF the S.R.O., WYTHIRY. EXT. P3 series: COPIES OF TAX PAID RECEIPTS DT.17.3.06 AND 19.7.06 ISSUED BY THE SECOND RESPONDENT. EXT. P4 : COPY OF the OWNERSHIP CERTIFICATE No.BTAG 10/2004 DT.27.8.2005 ISSUED BY THE SECRETARY, SULTAN BATTERY GRAMA PANCHAYATH IN RESPECT OF the BUILDINGS SITUATED IN THE PROPERTY. EXT. P5 : COPY OF the PROPERTY TAX RECEIPT DT.31.3.08 ISSUED BY THE SECRETARY, SULTAN BATTERY GRAMA PANCHAYATH IN RESPECT OF the BUILDINGS. EXT. P6 : COPY OF THE JUDGMENT IN W.P.(C) No.30001/2004 DT.4.4.05. EXT. P7 : COPY OF THE ORDER PASSED BY THE REVENUE DIVISIONAL OFFICER, MANANTHAVADY IN C.4793/05 DT.17.2.2006. EXT. P8 : COPY OF the ORDER PASSED BY the SUBORDINATE JUDGE'S COURT, SULTAN BATTERY IN I.A. No.825/2006 IN O.S. No.132/2006 DT.11.4.2007. EXT. P9 series: COPIES OF the ORDERS PASSED BY THE RENT CONTROL COURT, SULTAN BATTERY IN R.C.P.Nos.3/2001, 5/2001, 6/2001 AND 7/2001 AND 28.2.2001. EXT. P10 : COPY OF the OPINION GIVEN BY THE TAHSILDAR TO THE SECOND RESPONDENT BEARING No.G1-8946/2008 DT.17.4.08. EXT. P11 : COPY OF LAWYER NOTICE DTD. 12.6.2008. 1 st RESPONDENT'S EXHIBITS : EXT. R1(a) : COPY OF PETITION RECEIVED BY DISTRICT COLLECTOR DT.6.5.08. WP(C).No.23573/2008 EXT. R1(b) : REPORT OF 2ND RESPONDENT DT.2.7.08 TO TAHSILDAR ALONG WITH LAWYER NOTICE. EXT. R1(c) : REPORT OF TAHSILDAR S.BATHERY DTD.8.8.08. // True Copy // P.A. to Judge. smp ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23573 of 2008 --------------------------------- Dated, this the 29th day of January, 2009 J U D G M E N T The petitioner claims to be one of the owners in possession and enjoyment of 11 cents of land in re-survey No.590/15 in Block No.18 of Sultan Battery Village. In this writ petition, the prayer sought is for a direction to the 2nd respondent to accept land tax payable in respect of the plot of land mentioned above. 2. From the counter affidavit, what is seen is that the Village Officer has recommended acceptance of land tax from the petitioner based on the judgment of the Sub Court, Sultan Battery and the decision of the RDO, Mananthavady. However, the recommendation has not been accepted so far for the reason that an appeal filed against Ext.P10 order is pending consideration of the District Collector. According to the respondents, in view of the pendency of the appeal, it is not proper to accept the tax payable by the petitioner. 3. It may be true that the appeal against Ext.P10 is pending. But, in my view, that is not a valid reason to refuse acceptance of the WP(C) No.23573/2008 -2- tax that is payable in respect of the land mentioned above. Therefore, the writ petition is disposed of directing the 2nd respondent to accept land tax payable in respect of the plot of land referred to above. However it is clarified that such payment of tax and its acceptance will be subject to the outcome of the appeal that is pending before the District Collector or other proceedings that may arise out of Ext.P10 order. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg