IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 35623 of 2008(N) -------------------------- PETITIONER(S): --------------- 1. VELLADATH UMMAR, AGED 38 YEARS, S/O.HASSANKUTTY, THIRUVANAVAYA AMSOM, EDAKKULAM DESOM, POST THIRUNAVAYA, TIRUR TALUK, MALAPPURAM DISTRICT. 2. PAINGAL NAFEESA, AGED 33 YEARS, W/O.VELLADATH UMMAR, THIRUNAVAYA AMSOM, EDAKKULAM DESOM, POST THIRUNAVAYA, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.T.K.SAIDALIKUTTY SMT.ANITHA M.N. (EKM) RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, ANANDAVOOR VILLAGE OFFICE. 2. THE TAHSILDAR, TIRUR TALUK, TIRUR(PO) MALAPPURAM DISTRICT. 3. THE DISTRICT COLLECTOR, MALAPPURAM. GOVT. PLEADER SHRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 35623/2008 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE DOCUMENT DTD.31.8.05. P2. COPY OF THE DOCUMENT DTD.6.7.83. P3. COPY OF THE TAX RECEIPT. P4. COPY OF THE NOTICE DTD.3.4.08. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.35623 of 2008 ================== Dated this the 13th day of August, 2009 J U D G M E N T The petitioners are man and wife. They jointly purchased 35.08 cents of land comprised in RS No.153/4A of Ananthavur Village from one Parambat Mohammadali, by sale deed No.2975/05 dated 31.8.2005 of S.R.O. Kodakkal. The petitioners submit that the land tax has been received from the petitioners in respect of the said property as is evident from Ext.P3, for the year 2005-06. When the petitioners approached the 1st respondent for remitting tax for the year 2006-07, the 1st respondent refused to accept the same, which according to the petitioners, is without a valid reason. Therefore, the petitioners seek the following reliefs: “(i) Issue a writ of mandamus, any other appropriate writ, direction or order directing the first respondent to accept the land tax from the petitioners for the property covered by Ext.P1 document; (ii) Direct the first respondent to pay the cost of this Writ Petition to the petitioners, and (iii) Grant such other reliefs, which the Honourable Court deems, fit and proper in the facts and circumstances of the case.” 2. The learned Government Pleader, on instructions, submits that land tax could not be accepted from the petitioners, since, on further verification, it was found that part of the property in question comprises of Government land. I am of opinion that this dispute cannot be resolved in a writ petition, since that dispute can be 2 resolved only by taking evidence. In the above circumstances, this writ petition is disposed of with a direction to the 1st respondent to accept land tax from the petitioners without prejudice to the contentions of the respondents that part of the property comprises of Government land. I further direct the 2nd respondent to take appropriate steps in respect of any part of the property, which is actually Government land, within three months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge