IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 34521 of 2007(I) ------------------------------------ PETITIONERS: --------------------- 1. M.V.JAMES, S/O. VAKKO, AGED 51 YEARS, MOOKKATH HOUSE, DEVIKULAM P.O., IDUKKI DISTRICT. 2. SISSY GEORGE, W/O. M.V.GEORGE, MUKKATH HOUSE, LOCK HART, DEVIKULAM P.O., IDUKKI DISTRICT. 3. JOHN BRITTO, S/O. JOSEPH, KOOTUMVATHICKAL HOUSE, DEVIKULAM P.O., IDUKKI DISTRICT. 4. JOME JOSE, S/O. C.V.JOSE, CHUNDANGAYIL HOUSE, ADOOPARAMBU, MUVATTUPUZHA. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, KUYILIMALA, IDUKKI. 3. SUB COLLECTOR, DEVIKULAM-685 613. 4. TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT-685 613. 5. VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE, DEVIKULAM-685 613. BY GOVERNMENT PLEADER SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34521/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE SALE DEED NO.729/1995 DT. 15.3.95 OF THE SUB REGISTRAR OFFICE, DEVIKULAM EXECUTED IN FAVOUR OF THE IST PETITIONER. EXT.P2:- COPY OF THE PATTA NO.9863 IN LA. NO.2/1983 ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF THE PREDECESSOR IN TITLE TO THE PETITIONER. EXT.P3:- COPY OF THE BASIC TAX RECEIPT NO.18 DT. 17.4.97 IN THANDAPER NO.297 ISSUED BY THE 5TH RESPONDENT IN THE NAME OF THE PETITIONER. EXT.P4:- COPY OF THE PROCEEDINGS NO.198/93 DT. 30/10/95 IN FAVOUR OF THE PETITIONER, ISSUED BY THE SUPERINTENDENT OF SURVEY AND LAND RECORDS DEVIKULAM. EXT.P5:- COPY OF THE CERTIFICATE OF POSSESSION NO.C2-13509/03 DT. 9.10.03 ISSUED BY THE 4TH RESPONDENT IN THE NAME OF THE PETITIOENR IN THE MATTER OF GETTING A LOAN FROM THE FEDERAL BANK. EXT.P6:- COPY OF THE SETTLEMENT DEED. NO.641/1991 DT. 21.3.91 OF THE SUB REGISTRAR OFFICE, DEVIKULAM EXECUTED IN FAVOUR OF THE PETITIONER. EXT.P7:- COPY OF THE SALE DEED NO.21/1983 DT. 6.1.83 EXECUTED IN FAVOUR OF THE PREDECESSOR IN TITLE OF THE PETITIONER IN SUB REGISTRAR OFFICE, DEVIKULAM. EXT.P8:- COPY OF THE PATTA NO.9586 IN IA. NO.2/1982 DT. 10.2.82 IN THE NAME OF THE SELLER IN EXT.P7 ISSUED BY THE 4TH RESPONDENT. EXT.P9:- COPY OF THE TAX RECEIPT N0.278902 DT. 11/3/03 IN THANDAPER ACCOUNT NO.86 ISSUED BY THE 5TH RESPONDENT IN THE NAME OF THE PETITIONER. EXT.P10:- COPY OF THE SALE DEED NO.3397/94 DT. 3.10.94 OF THE SUB REGISTRAR OFFICE, DEVIKULAM EXECUTED IN FAVOUR OF THE 3RD PETITIONER. EXT.P11:- COPY OF THE SALE DEED NO.9117/95 DT. 28.3.95 OF THE SUB REGISTRAR OFFICE, DEVIKULAM. EXT.P12:- COPY OF THE PATTA NO.9575 IN LA. no.3/1982 dt. 21/1/1982 ISSUED BY THE 4TH RESPONDENT IN THE NAME OF THE SELLER IN EXT.P10 SALE DEED. EXT.P13:- COPY OF THE CERTIFICATE OF ENCUMBRANCE NO.4268/94 CONCERNING THE PROPERTY OF THE 3RD PETITIONER. EXT.P14:- COPY OF THE BASIC TAX RECEIPT NO.40 DT. 26.7.95 ISSUED BY THE 5TH RESPONDENT IN THE NAME OF THE PETITIONER. EXT.P15:- COPY OF THE SALE DEED. NO.1407/92 DT. 12.6.95 OF THE SUB REGISTRAR OFFICE, DEVIKULAM EXECUTED IN FAVOUR OF THE PETITIONER. W.P.(C)NO.34521/2007 EXT.P16:- COPY OF THE SETTLEMENT DEED NO.2008/1990 DT. 10.10.1990 EXECUTED IN FAVOUR OF THE EXT.P15. EXT.P17:- COPY OF THE BASIC TAX RECEIPT NO.278903 DT. 11.3.03 IN THANDAPER NO.279 ISSUED BY THE 5TH RESPONDENT IN THE NAME OF THE FATHER OF THE PETITIONER. EXT.P18:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT ON 9.5.07. EXT.P19:- COPY OF THE NOTICE NO.A2-1297/07 DT. 24.4.07 ISSUED BY THE 3RD RESPONDENT IN THE NAME OF THE IST PETITIONER. /TRUE COPY/ P.A. TO JUDGE tss ANTONY DOMINIC, J. ----------------------------------------------- W.P.(C) No. 34521 OF 2007 ----------------------------------------------- Dated this the 26th day of March, 2008 JUDGMENT The complaint of the writ petitioners is that in respect of the properties covered by Exts.P1, P6, P10, P11 and P15 of which their names have been entered in the Thandaper register, vide Exts.P3, P9, P14 and P17, tax was not accepted. It is also their case that up to recent years they are paying tax and has been accepted. Highlighting these grievances, they have filed Ext.P18 representation before the 2nd respondent. The relief sought for in this writ petition is that the 2nd respondent may be directed to consider Ext.P18 in the light of the title deed and Thandaper register referred above. I see no reason to decline this limited relief that is now sought for and therefore this writ petition is disposed of directing that the 2nd respondent shall take Ext.P18 with notice to the petitioner and take a final decision in the matter, in the light of the aforesaid documents. This shall be done as expeditiously as WPC No. 34521 OF 2007 2 possible, at any rate, within eight weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE ttb WPC No. 34521 OF 2007 3