IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 26092 of 2011(J) --------------------------------------- PETITIONER(S): ----------------------- UNION CARDAMOM PVT. LTD., TC 14/1004, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 010, REPRESENTED BY ITS MANAGING DIRECTOR, MR.ISSAC E.KALATHIL. BY SRI.JOSEPH KODIANTHARA, SENIOR ADVOCATE, ADV. SRI.V.ABRAHAM MARKOS, SRI.MATHEWS K.UTHUPPACHAN, SRI.BINU MATHEW, SRI.TERRY V.JAMES, SRI.B.J.JOHN PRAKASH, SRI.TOM THOMAS (KAKKUZHIYIL). RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE VILLAGE OFFICER, THENOOR VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM-695 563. R1 & R2 BY GOVT. PLEADER SRI.T.R. RAVI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 26092 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE SALE DEED NO.3845 DATED 17-11-1981 ENTERED INTO BETWEEN A.MUTHIAH AND OTHERS AND THE PETITIONER. EXHIBIT P2: TRUE COPY OF THE NOTIFICATION NO.C4-21437/2000 PUBLISHED IN KERALA GAZETTE VOL.46 DATED 2-1-2001. EXHIBIT P3: TRUE COPY OF THE ORDER NO.EFL.10-1409/07 DATED 4-4-2008 OF THE CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS. EXHIBIT P4: TRUE COPY OF THE LETTER DATED 8-11-2010 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P5: TRUE COPY OF THE LETTER DATED 9-11-2010 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P6(A): TRUE COPY OF THE TAX RECEIPT DATED 11-11-1999 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR THE YEAR 1998-99. EXHIBIT P6(B): TRUE COPY OF THE TAX RECEIPT DATED 20-11-2000 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR THE YEAR 2000. EXHIBIT P6(C): TRUE COPY OF THE TAX RECEIPT DATED 24-10-2002 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR THE YEAR 2001. EXHIBIT P6(D): TRUE COPY OF THE TAX RECEIPT DATED 7-2-2003 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR THE YEAR 2002. EXHIBIT P6(E): TRUE COPY OF THE TAX RECEIPT DATED 9-2-2004 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR THE YEAR 2003 EXHIBIT P6(F): TRUE COPY OF THE TAX RECEIPT DATED 28-9-2004 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR THE YEAR 2004. EXHIBIT P6(G): TRUE COPY OF THE TAX RECEIPT DATED 22-2-2005 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR THE YEAR 2005. EXHIBIT P6(H): TRUE COPY OF THE TAX RECEIPT DATED 12-10-2006 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR THE YEAR 2006. EXHIBIT P6(I): TRUE COPY OF THE TAX RECEIPT DATED 11-6-2007 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR THE YEAR 2007-08. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J ....................................................... W.P.(C).26092/2011 .............................................. Dated this the 14th day of November, 2011 JUDGMENT Petitioner is a Company which owns an estate by name 'Puthucadu Estate', having an extent of 208.23 acres of land comprised in Sy.No.3992/1-1, 3993/1-1, 3991/1 and 4008/1 in Thennur Village, Nedumangad Taluk. Ext.P1 is the title deed. According to the petitioner, Ext.P2 is a notification issued by the first respondent, declaring the properties mentioned therein as ecologically fragile land and none of their property are covered by the said notification. Learned counsel relies on Ext.P3, an order issued by the Custodian of ecologically fragile land also, to elaborate on this contention. It is stated that despite the above, respondents are refusing to accept tax in respect of their property and issue possession certificate on that basis. It is in the said circumstances, the writ petition is filed with the following prayers:- (i). Issue a writ in the nature of mandamus or any other writ, order or direction directing the 2nd respondent to receive basic land tax for the entire extent comprised in the Petitioner's Puthucadu estate on and from 2008-2009. (ii). Issue a writ in the nature of mandamus or any other writ, order or direction directing the 2nd respondent to issue possession certificate for the W.P.(C).26092/11 2 entire extent of 208-23 Acres comprised in the Petitioner's Puthucadu estate. 2. Learned Government Pleader appearing for the respondents submits, on instructions, that some of the survey numbers in which the petitioner's estate is situated, are also covered by Ext.P2 notification and that as far as the areas which are outside the notification is concerned, they have no objection in accepting the tax or issuing possession certificate. 3. In the light of the above, I direct the respondents to accept tax in respect of the property owned by the petitioner to the extent it is outside Ext.P2 notification and issue possession certificate on that basis. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs /true copy/ P.A. To Judge