IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 27086 of 2011(I) -------------------------- PETITIONER(S): --------------- 1. P.N.THANKAPPAN, PUTHENPURAKKAL HOUSE, MUNDAKKAI P.O., VELLARIMALA, WYNAD DISTRICT. 2. G.SUMA, RESIDING DO. 3. SHIBU.K.N., KELANATHADATHIL HOUSE, VALAVAYAL P.O., KOLERI, VIA, WYNAD DISTRICT. 4. RESHMA.P.T., PUTHENPURAKKAL HOUSE, MUNDAKKAI P.O., VELLRIMALA, WYND DISTRICT. 5. NAVEEN KRISHNA.P., RESIDING DO. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY THE SECRETARY FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANNTHAPURAM-695 001. 2. THE DIVISIONAL FOREST OFFICER, KALPETTA, WYNAD DISTRICT-673 121. 3. THE RANGE OFFICER, MEPPADI, WYNAD DISTRICT-673 577. 4. THE DISTRICT COLLECTOR, WYNAD DISTRICT-673 577. 5. THE VILLAGE OFFICER, VELLRIMALA, WYNAD DISTRICT-673 516. SR GP SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27086 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE DOCUMENT DATED 6/1/2000. EXHIBIT P1(A): TRUE COPY OF THE DECUMENT. EXHIBIT P2: A TRUE COPY OF THE SUB DIVISION STATEMENT DATED 24/9/11 SUBMITTED BY THE TALUK SURVYER TO THE 4TH RESPONDENT. EXHIBIT P3: TRUE COPY FO THE LIST OF THE ALLOTTEES. EXHIBIT P4: TRUE COPY OF THE SKETCH PREPARED IN 1995. EXHIBIT P5: TRUE COPY OF THE COMMUNICATION DATED 9/11/2010 SENT BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT. EXHIBIT P6: TRUE COPY OF THE REPORT OF SURVEY IN RESPECT OF PROPERTIES IN VELLARIMALA VILLAGE. EXHIBIT P7: TRUE COPY OF THE BASIC TAX RECEIPT IN RESPECT OF PROPERTIES. EXHIBIT P7(A): TRUE COPY OF THE BASIC TAX RECEIPT IN RESPECT OF PROPERTIES. EXHIBIT P8: TRUE COPY OF THE SKETCH PREPARED AFTER SUB DIVISIONAL RE-SURVEY. (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).27086/2011 .............................................. Dated this the 27th day of October, 2011 JUDGMENT Petitioners are owners of 9.5 hectares of land comprised in Survey No.339/5 of Block No.32 in Vellarimala village of Vythiri Taluk. The grievance of the petitioners is regarding non acceptance of basic tax by the fifth respondent. Referring to Ext.P5, the learned counsel for the petitioners submits that refusal of the fifth respondent in this behalf is based on a communication issued by the third respondent stating that a proposal to notify the land as ecologically fragile, is pending and that the tax shall not be accepted. 2. In view of the specific contention of the petitioners that as on date, no such notification has been issued, when the matter came up for orders on 13.10.2011, the case was adjourned with a direction to the learned Government Pleader to obtain instructions. Accordingly, the learned Government Pleader has obtained instructions and submitted that the proposal is pending and that a notification will be issued soon. W.P.(C).27086/11 2 3. Thus, from the submission made by the Government Pleader himself it is obvious that as on date, no notification has been issued declaring the land in question as ecologically fragile. So long as the land in question has not been notified as ecologically fragile, the ownership of the land continues to be of the petitioners'. If that be so, they are entitled to pay basic tax in respect of the same. Therefore, the writ petition is disposed of directing that until the land is notified as a ecologically fragile land, petitioners would be entitled to pay basic tax in respect of the property and that the fifth respondent shall accept the tax from the petitioners. ANTONY DOMINIC, Judge mrcs