IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 32672 of 2007(M) -------------------------- PETITIONER: --------------- PRIMAL C.THOMAS, S/O.THOMAS KURIAN, KOKOTH HOUSE, THATHAMPILLY P.O., ALAPPUZHA - 688 013. BY ADV. SRI.V.P.SUKUMAR SRI.KURYAN THOMAS RESPONDENTS: ----------------- 1. THE VILLAGE OFFICER, MULLAKKAL VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT. 2. THE TAHSILDAR (RR), AMBALAPUZHA TALUK, ALAPPUZHA. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. BY GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32672/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE RR NOTICE DATED 11.12.2006 ISSUED BY THE 2ND RESPONDENT TO THE LEGAL HEIRS OF SRI.THOMAS KURIAN U/S.7 OF THE RR ACT. EXT.P2: TRUE COPY OF THE RR NOTICE DATED 11.12.2006 ISSUED BY THE 2ND RESPONDENT TO THE LEGAL HEIRS OF SRI.THOMAS KURIAN U/S.34 OF THE RR ACT. EXT.P3: TRUE COPY OF THE ORDER DATED 21.12.2006 IN TA NOS.199 TO 202 OF 2006 PASSED BY THE SALES TAX APPELLATE TRIBUNAL, ADDITIONAL BENCH, KOTTAYAM. EXT.P4: TRUE COPY OF THE BANK GUARANTEE DATED 5.1.2007 FURNISHED BY THE PETITIONER. EXT.P5: TRUE COPY OF THE LETTER DATED 23.3.2007 SENT BY THE COMMERCIAL TAX OFFICER, IST CIRCLE, ALAPPUZHA TO THE CHIEF MANAGER, UNION BANK OF INDIA, ALAPUZHA. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 32672 OF 2007 M ===================== Dated this the 1st day of January, 2008 J U D G M E N T Non acceptance of land tax was the grievance that was highlighted by the petitioner in this writ petition. 2. By interim order dated 5/11/2007, the respondents were directed to accept land tax provisionally and it is now submitted by the learned counsel for the petitioner that tax has been accepted on that basis. 3. However, learned Government Pleader points out that it was on account of the pendency of certain proceedings against the property that respondents had declined to accept tax. 4. In so far as this submission of the learned Government Pleader is concerned, I need only clarify that acceptance of tax pursuant to the order of this court will not be to the prejudice of the respondents and the respondents will be free to proceed WPC 32672/07 :2 : against the petitioner's property if they have any legally sustainable claim. With the above clarification and making the interim order absolute, writ petition is closed. ANTONY DOMINIC, JUDGE. Rp