IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(C).No. 20963 of 2010(U) -------------------------- PETITIONER(S): -------------------- SEBASTIAN, AGED 40 YEARS, S/O.K.J.ALIAS, KUZHIMANNIL HOUSE, NEDUMPRAYAR MURI, THOTTAPUZHASSERY VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): ---------------------- 1. THE ADDITIONAL TAHSILDAR, THIRUVALLA, PATHANAMTHITTA DISTRICT. 2. THE VILLAGE OFFICER, THOTTAPUZHASSERY, THIRUVALLA, PATHANAMTHITTA DISTRICT. GOVT.PLEADER SRI.T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20963/10 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE NOTICE DATED 17/9/09 ISSUED BY THE 1ST RESPONDENT. EXT.P2: TRUE COPY OF THE TAX RECEIPT DT 23.3.2009 ISSUED IN RESPECT OF THE PROPERTY COMPRISED IN SY.NO.116/8. EXT.P3: TRUE COPY OF the TAX RECEIPT DT 10.8.09 ISSUED INR SPCT OF BOTH THE PROPERTIES BY THE 2ND RESPONDENT. EXT.P4: TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 2ND RESPONDENT PERTAINING TO THE PROPERTY COMPRISED IN SY.NO.128/13-3. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 20963 OF 2010 (U) ===================== Dated this the 29th day of September, 2010 J U D G M E N T Petitioner submits that by Ext.P1, proceedings under the Kerala Land Conservancy Act were initiated in respect of the property in Re.Sy. No.378/1 of Block No.23 of Thottapuzhassery Village. His grievance is that for the reason that aforesaid proceedings are initiated, tax in respect of his property in Sy.No.128/13-3 of the same village is not accepted. 2. If as stated by the petitioner, proceedings is only in respect of the property in Re.Sy.No.378/1, there is no reason for not accepting the tax in respect of any other property. In that view of the matter, the writ petition is disposed of directing that if there is no proceedings in respect of the property in Sy.No.128/13-3 of Thottapuzhassery Village, to the extent the property is covered by the petitioner's title deed, tax shall be accepted inspite of Ext.P1. ANTONY DOMINIC, JUDGE Rp