IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 OP.No. 4299 of 2002(J) ---------------------- PETITIONER: ------------ K.MOHAMMED ABDUL RASHEED, S/O. POKER, RESIDING AT KIZHAKKUMPARAMBIL HOUSE, EZHUVANTHALA P.O., OTTAPALAM TALUK,PALAKKAD DIST. BY ADV. SRI.V.CHITAMBARESH SRI.SHAMIER MARICKAR RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE TAHSILDAR, PALAKKAD TALUK. 3. RAZIA JAFFER ALIAS RATHI JAFFER ALI, W/O. M.JAFFER ALI. 4. SHOUKATH ALI, S/O. T.S.MOHAMMED KHAN ROWTHER. RESPONDENTS 3 AND 4 ARE RESIDING AT 95, LOKMANYA STREET, R.S.PURAM, EAST COIMBATORE, TAMIL NADU. BY SHRI.K.P.PRADEEP, GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO. 4299/2002 ORDER ON CMP NO. 7699/2002 IN O.P.NO. 4299/2002 DISMISSED. 02/01/2008 SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF REGISTERED SALE DEED DATED 11/12/2001. P2 : COPY OF THE ASSESSMENT ORDER ISSUED BY 2ND RESPONDENT DATED 23/08/2001. P3 : COPY OF DEMAND NOTICE ISSUED BY 2ND RESPONDENT DATED 23/08/2001. P4 : COPY OF REPRESENTATION DATED 18/09/2001 SUBMITTED BY 4TH RESPONDENT TO 1ST RESPONDENT. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- O.P. No. 4299 of 2002 --------------------------------- Dated, this the 2nd day of January, 2008 J U D G M E N T Since the dispute is only with regard to payment of building tax, this original petition is disposed of directing petitioner to furnish proof of payment of building tax made by the original owner, before 2nd respondent within a period of two weeks from the date of receipt of this judgment. The Tahsildar will verify the records and if full payment is received, he will withdraw the demand. However, if any arrear is pending, the same can be recovered from the building owner, as there is charge on the building under Section 19(2) of the Building Tax Act. The Tahsildar is directed to issue fresh demand, if any, payable by the petitioner without any delay. Recovery will remain stayed for a period of four months from now and thereafter recovery will be based on fresh demand to be issued by the Tahsildar after verifying the receipts produced by the petitioner. (C.N.RAMACHANDRAN NAIR, JUDGE) jg