IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WP(C).No. 14461 of 2008(V) ----------------------------------------- PETITIONER: ------------------- P.R.MOOTHEDATH, AGED 79, S/O.LATE M.P.MOOTHEDATH, SREENARAYANA PRABHALAYAM, SHORNUR-1 VILLAGE, KOLAPULLY, OTTAPALAM TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) RESPONDENTS: ------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT., REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE TAHSILDAR, OTTAPALAM. 4. THE ADDL. TALUK SURVEYOR, PATTAMBI. 5. THE VILLAGE OFFICER, SHORNUR-1. BY GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14461/2008 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DOCUMENT NO.1491/57 DTD. 7/12/57 OF THE OTTAPALAM S.R.O. EXT.P2: COPY OF THE REQUEST OF THE PETITIONER BEFORE THE FOURTH RESPONDENT DTD. 17/12/07. EXT.P3: COPY OF THE STATUTORY APPLICATION SUBMITTED BY THE PETITIONER DTD. 18/12/07. EXT.P4: COPY OF THE RECEIPT ISSUED TO THE PETITIONER FOR PAYMENT OF THE STATUTORY FEES DTD. 22/12/07. EXT.P5: COPY OF THE SKETCH SUBMITTED BY THE FOURTH RESPONDENT. EXT.P6: COPY OF THE RECEIPT EVIDENCING PAYMENT OF SKETCH FEE DTD. 7/02/08. EXT.P7: COPY OF THE COMMUNICATION BY THE FOURTH RESPONDENT TO THE THIRD RESPONDENT HEREIN DTD. 20/02/08. EXT.P8: COPY OF THE COMPLAINT SUBMITTED BEFORE THE SECOND RESPONDENT DTD. 19/03/08 AND NUMBERED AS N.DIS.L.R.G1-08/9. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 14461 of 2008 -------------------------------------------------------- Dated: JUNE 24, 2008 JUDGMENT The non-acceptance of basic tax in respect of a property is what is complained of in this writ petition. 2. Petitioner submits that on the strength of Ext.P1 document he has title and possession over 33 cents of land, 30 cents of which is in Sy.No.21/4C2 and 3 cents in Sy.No.51/1A4. He submitted Exts.P2 and P3 applications for fixation of boundaries of the property and ultimately the property was measured and Ext.P5 sketch was prepared by the Taluk Surveyor. It is also stated that the Taluk Surveyor has given Ext.P7 report and that going by Exts.P5 and P7, the claim of the petitioner that he has title and possession over the aforesaid 33 cents of land stands confirmed. According to the petitioner despite all these, the Village Officer is refusing to accept tax and therefore this writ petition has been filed. 3. The learned Government Pleader, on instructions from the Tahsildar and the Village Officer, submits that in Sy.No.21/4C2 of Shornur-I Village, petitioner had title over 30 WP(C) 14461/2008 2 cents of land which is covered by Ext.P1 title deed. It is stated that out of the 30 cents of land, by document No.1915/95 petitioner has assigned 1 cent to a stranger and what the petitioner now has is only 29 cents of property. It is stated that when measurement was taken, petitioner claimed title and ownership over 3 more cents of land which is situated in Sy.No.51/1A4 of Shornur-I Village and that the total extent of the said sub division is only 20 cents. It is contended that in respect of the whole of 20 cents, somebody else is already paying basic tax. The Government Pleader also refers to Ext.P5 sketch and states that the entire property shown by the petitioner as his property has been measured by the Taluk Surveyor and that it covers 33 cents of land. According to him, the sketch or the certificate does not confirm petitioner's title over the property. 4. It is also stated that since the initial measurement was not dependable according to the respondents, a second survey was conducted at the instance of the Tahsildar which indicated that the petitioner has in his possession a total of 30.5 cents of land in the aforesaid survey numbers. Since Ext.P5 indicated 33 cents and the second survey indicated 30.5 cents, in order to WP(C) 14461/2008 3 resolve the contradiction in extent, the matter was taken up before the District Collector who, in turn, ordered a third survey by the District Survey Superintendent. The learned Government Pleader submits that the District Survey Superintendent will be conducting the survey immediately. 5. From the above it can be seen that according to the respondents, a finality has not been given to the total extent that is covered by the petitioner's title deed. If that be so, at this stage, it may not be proper for this court to direct the respondents to accept the basic tax in respect of the 33 cents of land claimed by the petitioner. 6. In my view, since the respondents are also accepting that the petitioner has title over 29 cents of land in Sy.No.21/4C2 of Shornur-I Village, the respondents shall, for the time being, accept basic tax in respect of that extent of land. It is also directed that the District Survey Superintendent shall complete the survey as ordered by the District Collector, Palakkad, as expeditiously as possible, and at any rate, within six weeks of production of a copy of this judgment, with notice to the petitioner. Once the survey is conducted as above and if it is WP(C) 14461/2008 4 found that the petitioner's title deed covers the land in excess of 29 cents as claimed by him, on the strength of the sketch shall be prepared and the respondents shall accept basic tax in respect of the additional extent of land also. 7. Petitioner shall produce a copy of this judgment before the District Survey Superintendent and the 5th respondent Village Officer for compliance. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE mt/-