IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 WA.No. 2009 of 2009 ---------------------------------- AGAINST THE ORDER IN WPC.15010/2007 Dated 06/07/2009 .................... APPELLANTS/RESPONDENTS ------------------------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, FOREST AND WILDLIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CUSTODIAN APPOINTED UNDER THE KERALA FORESTS (VESTING & MANAGEMENT OF ECOLOGICALLY FRAGILE LANDS), ORDINANCE NO.3 OF 2001 (PRINCIPAL CHIEF CONSERVATOR OF FORESTS), THIRUVANANTHAPURAM. 3. DIVISIONAL FOREST OFFICER, KOZHIKODE. 4. FOREST RANGE OFFICER, PERUVANNAMOOZHI RANGE. BY SPECIAL GOVERNMENT PLEADER SRI.P.M.PAULOSE RESPONDENTS/PETITIONERS: -------------------------------------------- 1. A.PREMAKUMARI, POZHICKAL HOUSE, KANICHUKULANGARA P.O., CHERTHALA-688 544. 2. A.PRASOBHA, VELLAPPALLY HOUSE, KANICHUKULANGARA P.O. CHERTHALA-688 544. 3. DILEEPKUMAR K.R., DILEEPSADANAM, KANICHUKULANGARA P.O., CHERTHALA-688 544. 4. A.PRASANNAKUMARI, 48/347, VRINDAVANAM, PERANDOOR ROAD, ELAMAKKARA, COCHIN-682 026. 5. A.SULOCHANA, KOLLADICKAL HOUSE, S.N.PURAM P.O. CHERTHALA. 6. A.GIRIJAKUMARI, DWARAKA, NEAR IOC PUMB, PACCOOR, VANCHIYOOR P.O., THIRUVANANTHAPURAM. W.A.NO.2009 OF 2009 - 2 - 7. K.R.AKSHAJ, S/O.K.R.RAVEENDRANATHAN, KANICHUKULANGARA P.O., CHERTHALA-688 544. BY ADV.SRI.P.RAVINDRAN, SR.ADVOCATE & SRI.HARIKRISHNAN RAVINDRAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A No.2009 of 2009 ------------------------------------------ Dated this the 10th day of September, 2009 JUDGMENT S.R.Bannurmath, C.J. This writ appeal is filed challenging the interim order dated 6th July, 2009 passed by the learned Single Judge in W.P. (C) No.15010 of 2007 directing the Village Officer to accept basic tax in respect of the property in dispute. It is to be noted that this was not a blanket order. The rights of the State as well as the liability of the respondents/writ petitioners have been well protected by noting that this acceptance of basic tax is without prejudice to the contentions of the State and subject to the condition that the State is not liable to refund the tax, even if ultimately the writ petition is allowed. It is also made clear that this acceptance will not operate as estoppal against the State. 2. In our view, as the interim order takes care of the WA.No.2909 of 2009 - 2 - interests of the State, the present writ appeal is devoid of merit and accordingly, the same is dismissed. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns