IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 10859 of 2010(F) -------------------------- PETITIONER(S): --------------- TOMY @ THOMAS, S/O.THOMAS, ARAKUMPARAMBIL HOUSE, (KOTTACHALATH), VELLANTHANAM KARA, UDUMPANOOR VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, CIVIL LINES, IDUKKI. 3. KERALA FINANCIAL CORPORATION, BRANCH OFFICE, THODUPUZHA. 4. SPECIAL DEPUTY TAHSILDAR (R/R), KERALA FINANCIAL CORPORATION, KATTAPPANA. 5. TAHSILDAR, TALUK OFFICE, THODUPUZHA. 6. VILLAGE OFFICER, UDUMPANOOR VILLAGE OFFICE, THODUPUZHA TALUK. ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R3 GOVT. PLEADER SRI. M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 10859 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 12th day of August, 2010. J U D G M E N T The petitioner's grievance in this writ petition is that in respect of the property belonging to the petitioner, land tax is not being accepted on the ground that the property is under attachment at the instance of the 3rd respondent-Kerala Financial Corporation. 2. I have heard the learned Government Pleader and the learned standing counsel for the KFC. Standing counsel for the KFC submits that large amounts are due from the borrower who has mortgaged the portion of the property in question to the KFC and surreptitiously that property has been transferred to the petitioner. 3. I am not going into those disputed questions of fact in this writ petition. The question as to whether land tax can be refused to be accepted on the ground that there is attachment in respect of the property, has been considered by me in the decision of Anwar M Easa v. District Collector, Ernakulam, 2010 (1) KLT 747. Following that judgment, I direct the 6th respondent to accept land tax in respect of the petitioner's property when tendered and issue receipt for the same to the petitioner. However, it would be open to the 6th respondent to endorse in the tax receipt that the property is subject matter of mortgage in favour of the KFC. Other contentions are left open to be agitated appropriately before the appropriate forum. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.