IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 10269 of 2008(V) -------------------------- PETITIONER(S): --------------- M.A.MOHAMMED MOOPPAN S/O. AHAMED KUTTY MOOPPAN, POST KUTTIPPURAM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER KUTTIPPURAM, TIRUR TALUK, MALAPPURAM DISTRICT. 2. THE TAHSILDAR, TIRUR TALUK, MALAPPURAM DISTRICT. GOVT. PLEADER SHRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 10269/2008 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE REGISTERED AGREEMENT DEED DTD.21.10.74. P2. COPY OF THE PURCHASE CERTIFICATE DTD.26.6.78. P3. COPY OF THE JUDGMENT IN W.P.(C).No.20910/07 DTD.6.7.07. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.10269 of 2008 ================== Dated this the 21st day of August, 2009 J U D G M E N T The petitioner and his wife claim to be the owners of 21 cents of land comprised in survey No.73 and 74/1 of Kuttippuram Village. The petitioner has been paying land tax in respect of the property till 2002-03. Thereafter, the 1st respondent refused to accept land tax. In the above circumstances, the petitioner has filed this writ petition seeking the following reliefs; “a) Issue a writ of mandamus or any other appropriate writ or directing directing the respondents to receive tax from the petitioner with respect to 21 cents of land comprised in R.S.73 and 74/1 of Kuttipuram as per Ext.P1 and P2 documents. and b) Pass any other appropriate writ, order or direction which this Honourable Court may deem fit to issue and the petitioner may pray from time to time.” 2. According to learned Government Pleader, on resurvey of the property, it was found that a portion of the property is Government land. It is under the said circumstances that the land tax was refused to be accepted from the petitioner. 3. I have heard both sides. 4. I find that in Ext.P3 judgment this Court had earlier directed the authorities under the Kerala Land Conservancy Act and Rules to take proceedings against the petitioner only in accordance 2 with the provisions of the Kerala Conservancy Act and Rules. That was as early as on 6.7.2007. If the respondents have a case that part of the land is Government land, they cannot merely allow the matter to drift, without taking any further steps and, at the same time, refuse to accept land tax from the petitioner. In the above circumstances, this writ petition is disposed of with the following directions; If the respondents have a case that the property in the hands of the petitioner and his wife is comprised of Government land, the respondents shall initiate and complete steps for eviction from that land in accordance with Ext.P3 judgment, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. If the respondents are unable to comply with the said directions within the said period, the 1st respondent shall accept land tax from the petitioner for the property in question, subject, of course, to the right of the respondents to proceed further under the Land Conservancy Act and Rules, notwithstanding acceptance of land tax. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3