IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 29667 of 2011(G) -------------------------- PETITIONER(S): --------------- 1. MOHAMMED T.K,AGED 62 YEARS, S/O.LATE KANJANNI HAJI,THURAKKATTIL HOUSE, UPPUKKULAM P.O.,ALANALLUR,PALAKKAD DIST-678601 2. SIBGATHULLA M, AGED 50,BUSBUS HAJI MADATHODI HOUSE, VATTAMANNAPURAM P.O.,ALANALLUR, PALAKKAD DIST PIN-678601 3. ABDUL ALI M,AGED 47, S/O.BUSBUS HAJI, MADATHODI HOUSE, VATTAMANNAPURAM P.O.,ALANALLUR,PALAKKAD DIST- PIN-678601 4. ABDUL GAFOOR @ GFOOR SHA, AGED 56, S/O.BUSBUS HAJI, MADATHODI HOUSE, VATTAMANNAPURAM P.O.,ALANALLUR,PALAKKAD DIST-PIN-678601 5. SAJUDHEEN AGED 35,S/O.MUHAMMED PANERTHODI HOUSE,UPPUKKULAM P.O.,ALANALLUR PALAKKAD DIST,PIN-678601 6. ABDUL SALAM, AGED 56, S/O.BUSBUS HAJI, MADATHODI HOUSE, VATTAMANNAPURAM P.O., ALANALLUR, PALAKKAD IDST, PIN-678601 BY ADV. SRI.SIVAN MADATHIL RESPONDENT(S): --------------- 1. TAHSILDAR, MANNARCAUD, PALAKKAD DIST PIN-678001 2. VILLAGE OFFICER, ALANALLUR II,MANNARCAUD PALAKKAD PIN-678601 WP(C).No. 29667 of 2011 -2- 3. THE DISTRICT COLLECTOR, PALAKKAD DIST,PIN-678001 GP SANJEETHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29667 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1(A):- PHOTOCOPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT TO THE IST PETITIONER. EXT.P1(B):- PHOTOCOPY OF THE LAND TAX RECEIPT DTD.21/2/2010 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. EXT.P1(C):- PHOTOCOPY OF THE LAND TAX RECEIPT DTD.20/7/2010 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER. EXT.P1(D):- PHOTOCOPY OF THE LAND TAX RECEIPT DTD.19/11/2010 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER. EXT.P1(E):- PHOTOCOPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER. EXT.P1(F):- PHOTOCOPY OF THE LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT TO THE 6TH PETITIONER. EXT.P2:- PHOTOCOPY OF THE ORDER DTD 14/9/2011 OF THE TAHSILDAR, MANNARCAUD. EXT.P3:- PHOTOCOPY OF THE CERTIFICATE DATD 28/9/2011. EXT.P4:- PHOTOCOPY OF THE CERTIFICATE DATD 01/10/2011. EXT.P5:- PHOTOCOPY OF THE INJUNCTION ORDER OBTAINED BY SAINABA & OTHERS IN E.P.NO.45/2005 IN OS.102 OF 1986 EXT.P6:- PHOTOCOPY OF THE JUDGEMENT DTD 17/7/2007 IN WPC .3110/2007. /true copy/ P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).29667/2011 .............................................. Dated this the 20th day of December, 2011 JUDGMENT The grievance of the petitioners is regarding the refusal of the first respondent to accept tax in respect of their properties situated in Alannur III and Edathanattukara Villages. Ext.P2, a letter dated 14.9.2011 issued by the first respondent discloses that in O.S.102/86 pending before the Sub Court, Ottappalam, the survey numbers under which the petitioners' properties are also situated are shown. However, the case of the petitioners is that they are neither parties to the said Suit nor are they in any manner involved in the dispute mentioned in the Suit. 2. Irrespective of whether the properties are involved in the Suit mentioned above, even if the tax in respect of the property is accepted that is not going to affect anybody. Therefore, the fact that the survey number of the properties of the petitioners find a place in the Suit mentioned above, cannot be a reason for refusing to accept tax in respect of the said properties. 3. In the above view of the matter, I dispose of this writ petition W.P.(C).29667/11 2 directing that on the production of a copy of this judgment, the first respondent will accept tax in respect of the properties mentioned in paragraph 1 to 3 of the writ petition. Petitioners shall produce a copy of this judgment along with a copy of the writ petition before respondents 1 and 2 for compliance. ANTONY DOMINIC, Judge mrcs