IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 23969 of 2009(M) -------------------------- PETITIONER(S): --------------- SATHIADEV.M.K., AGED 61 YEARS, S/O.KAKKY, RESIDING AT KANJIRAPADATH HOUSE, VADACODU P.O., NAVODAYA-682 021. BY ADV. SRI.P.R.VENKETESH RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. 3. THE VILLAGE OFFICER, KAKKANAD, ERNAKULAM. GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ```````````````````````````````````````````````````` W.P(C) No. 23969 OF 2009 M ```````````````````````````````````````````````````` Dated this the 25th day of August, 2009 J U D G M E N T The petitioner states that he has title to the land in question by virtue of Ext.P2 assignment in his favour. He pleads that his part of land which vested in the government following a ceiling case under the Kerala Land Reforms Act. Accordingly, he contends that though tax was received from him and his name has been shown in the Thandaper register, the Village Officer is now refusing to receive tax from him. If there is such a situation, the petitioner has to make a written request to the Village Officer to receive tax. Once that is done, the Village Officer is duty bound, being a public authority, to state the reason for his administrative or quasi judicial decision touching the entitlement of the petitioner to pay land tax. This is because the refusal or acceptance of tax from a Thandaper holder would amount to the stand taken by the public authority touching the assertion of the petitioner to title to the land. If aggrieved, the petitioner can then work out his remedies under the T.R. Rules or under which other provisions of WPC.23969/09 : 2 : law. But the fundamental requisite to communicate the decision and the reason for that decision is inherent in the Right to Information Act on a citizen forming part of freedom of speech and exemption as guaranteed by the Constitution. This has now been laid in section 4(1)(d) of the Right to Information Act, 2005. For the aforesaid reasons, this writ petition is ordered directing that if the petitioner makes a representation in writing to the Village Officer to receive tax, the said officer shall either receive tax based on the documents or otherwise shall issue a decision stating reasons within a period of three weeks of such application. Let this be done. All other issues are left open. The writ petition is ordered accordingly. Sd/- (THOTTATHIL B. RADHAKRISHNAN, JUDGE) aks // True Copy // P.A. to Judge