IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 997 of 2010(Y) ------------------------ PETITIONERS: --------------- 1. NAKOTTIL MOHAMMEDKUTTY HAJEE, S/O.MARAKARUKUTTY, KALLAYITHADATHIL HOUSE, KANNAMVETTYKAVU (P.O.), VIA PULIKKAL, MALAPPURAM DISTRICT, PIN 673 637. 2. NAKKOTTIL HASSAINAR HAJEE, POTTAMMAL VEEDU, POST KANNAMVETTYKAVU P.O., VIA PULIKKAL, MALAPPURAM DISTRICT PIN-673 637. 3. NAKKOTTIL PATHUMMAKUTTY, D/O.MARAKKARUKUTTY, KALLAYITHADATHIL HOUSE, KANNAMVETTYKAVU P.O., VIA PULIKKAL, MALAPPURAM DISTRICT PIN-673 637. 4. NAKKOTTIL MOHAMMED ASHARAF, S/O.KUTTI HASSANKUNHI, KALLAYITHADATHIL HOUSE, KANNAMVETTYKAVU P.O., VIA PULIKKAL, MALAPPURAM DISTRICT PIN 673 637. 5. NAKKOTTIL ABDUL MAJEED, S/O.KUTTI HASSANKUNHI, KALLAYITHADATHIL HOUSE, KANNAMVETTYKAVU P.O., VIA PULIKKAL, MALAPPURAM DISTRICT PIN 673 637. 6. NAKKOTTIL MARAKARUKUTTY, S/O.KUTTI HASSANKUNHI, KALLAYITHADATHIL HOUSE, KANNAMVETTYKAVU P.O., VIA PULIKKAL, MALAPPURAM DISTRICT PIN 673 637. 7. NAKKOTTIL KUNHUMOHAMMED, S/O.KUNHIRAYANKUTTY, KALLAYITHADATHIL HOUSE, KANNAMVETTYKAVU P.O., VIA PULIKKAL, MALAPPURAM DISTRICT PIN 673 637. BY MR.K.MOHANAKANNAN, ADVOCATE SMT.A.R.PRAVITHA, ADVOCATE W.P.(C).No.997/2010 RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, ERNAD TALUK, MANJERI, MALAPPURAM DISTRICT. 3. THE VILLAGE OFFICER, CHERUKAVU, POST PULIKKAL, MALAPPURAM DISTRICT. 4. NARAYANI, W/O.KOTTARATHIL MAVUNNI, KOTTARATHIL VEEDU, KANNAMVETTYKAVU P.O., VIA PULIKKAL, MALAPPURAM DISTRICT PIN 673 637. BY MR.P.NARAYANAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.997 OF 2010 --------------------------------------- Dated this the 15th day of January, 2010. J U D G M E N T The petitioners are owners of various items of properties having 35 Acres in extent in R.S.No.199 and 200 in Cherukavu village, Ernad Taluk in Malappuram District. Presently, the survey numbers have been changed as 230 and 231 respectively. 2. It is the case of the petitioners that out of the larger extent, some properties were assigned to strangers and rest of the properties are with the petitioners. A civil suit as O.S.No.177/1983 was filed by the petitioners as plaintiffs seeking for prohibitory injunction restraining the 4th respondent and others from trespassing into the properties. The suit was decreed and Exhibit P1 is the copy of the judgment. 3. The matter was taken up in appeal by the opposite side and finally in S.A.No.475/1992, this Court restored the trial court judgment as per Exhibit P2. Now the matter is pending before the Apex Court at the instance of the 4th respondent. W.P.(C) No.997/2010 2 4. The grievance raised by the petitioners is regarding non- acceptance of basic tax by the revenue authorities. It is the case of the petitioners that the basic tax was being accepted by the authorities and only after the disposal of the Second Appeal, there is inaction on the part of the Village Officer presumably at the instance of the 4th respondent. 5. Exhibit P5 is the order passed by the 2nd respondent wherein the Village Officer has been directed not to accept basic tax till a decision is finally taken in the Special Leave Petition pending before the Apex Court. Challenging the same, the petitioners have filed Exhibit P6 appeal before the 1st respondent District Collector. Exhibit P6(a) is the postal acknowledgment receipt received from the 1st respondent. All that the petitioners pray is for a direction to the District Collector to take a decision on Exhibit P6 within a time frame. There will be a direction to the District Collector to take a decision on Exhibit P6 within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioners, 4th respondent and any other necessary parties. The W.P.(C) No.997/2010 3 petitioners will produce a copy of this judgment along with copy of the writ petition before the 1st respondent for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp