IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 WP(C).No. 21093 of 2010(J) -------------------------- PETITIONER(S): -------------------- HASSAN, S/O. POKKER AGED 52 YEARS, CHUNGATH, KUNNUMPURAM, NATTUKAL.P.O., MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): ----------------------- 1. THE TAHSILDAR, OTTAPALAM, PALAKKAD DISTRICT. 2. THE VILLAGE OFFICER, KARIMBUZHA 1 VILLAGE, PALAKKAD DISTRICT. 3. THE TALUK LAND BOARD, OTTAPPALAM. GOVERNMENT PLEADER SRI.T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.21093/10 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE SALE DEED NO.2217/2004 OF THE SRO, MANNARKKAD. EXT.P2: TRUE COPY OF THE DOCUMENT NO.4350/1993 OF SRO, MANNARKKAD. EXT.P3: TRUE COPY OF THE PURCHASE CERTIFICATE NO.870/191977. EXT.P4: A TRUE COPY OF THE BASIC TAX PAID RECEIPT DT 24.7.2004 OF THE KARIMBUZHA I VILLAGE. EXT.P4(a): A TRUE COPY OF the BASIC TAX PAID RECEIPT DT 12.7.2005 OF THE KARIMBUZHA I VILLAGE. EXT.P5: TRUE COPY OF A RECENT PHOTOGRAPH. EXT.P6: A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DT 18.6.09 IN WPC NO.26227/2008. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 21093 OF 2010 (J) ===================== Dated this the 3rd day of November, 2010 J U D G M E N T Petitioner states that in 1977, Ext.P3 purchase certificate was issued to one Kammu, S/o Alavi. By Ext.P2 sale deed of 1993, Kammu sold the property to Smt.Khadeeja Umma. Smt.Khadeeja Umma in turn by Ext.P1 sale deed of 2004 sold the property to the petitioner. According to the petitioner, on the strength of the above documents, the property was got mutated and he has been paying tax in respect of the property as well. Petitioner is constructing a house also in the property. Meanwhile, he tendered basic tax in respect of the property, which was refused to be accepted. It is thereupon that this writ petition was filed, praying for a direction to the respondents to accept basic tax from the petitioner in respect of the property covered by Exts.P1 to P3 referred to above. 2. A statement has been filed on behalf of the respondents. According to the respondents, the land in question was included in the draft statement in the ceiling case of Sri.Ramagupthan, Kulappadom, Mannarkkad Taluk. It is stated that the land is liable WPC No. 21093/10 :2 : to be surrendered to the Government. It is stated that, on account of the above, District Collector has passed order dated 22/8/06, banning further transaction in the properties in Sy.No.112/3,6 of Karimpuzha Village, where the property in question is situated. It is stated that such an order was passed by the District Collector exercising his powers under Sections 120 and 120A of the Kerala Land Reforms Act. 3. Learned counsel for the petitioner refers me to Ext.P6, a judgment rendered by this Court in WP(C) No.26227/08, where in respect of an identically situated case, this Court directed acceptance of tax without prejudice to the further action that is permissible in law against the purchase certificate in question. On facts, the issue dealt with in Ext.P6 judgment is identical, and therefore, following Ext.P6 judgment, I dispose of this writ petition also. 4. It is directed that so long as Ext.P3 purchase certificate remains valid, the petitioner is entitled to enjoy the property and the respondents will have to accept tax also in respect of the same. However, it is clarified that, this Court has not considered the WPC No. 21093/10 :3 : validity of Ext.P3 purchase certificate and this judgment will not in any manner affect the right of the respondents to proceed for cancellation of the purchase certificate. If any such orders are passed, the parties will be governed by such orders. 5. Needles to say that if the petitioner has sought for any possession certificate, orders will also be passed in the light of the above. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp