IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 23589 of 2005(G) -------------------------- PETITIONER: --------------- UTHONTHIL KRISHNANKUTTY, JAYA BHAVANAM, THALIPPUZHA, LAKKIDI P.O.,WAYANAD. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: --------------- 1. THE TAHSILDAR, VYTHIRI, WAYANAD. 2. THE VILLAGE OFFICER, KUNNATHIDAVAKA VILLAGE, VYTHIRI, WAYANAD. GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.23589/2005 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF RECEIPT EVIDENCING PAYMENT OF TAX. EXT.P2: COPY OF ORDER ISSUED BY THE 2ND RESPONDENT TO T HE 1ST RESPONDENT DATED 18.3.2005. EXT.P3: COPY OF LAND TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DT.23.3.2005. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR, J. -------------------------------------- W.P.(C) No.23589 OF 2005 -------------------------------------- Dated this the 24th day of October, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner claims possession and ownership of 2.35 hectares of land in Kunnathidavaka Village of Vythiri Taluk. He already has paid the land tax upto 2002 to 2003 as evident from Ext.P1. Thereafter, the tax was not received. But, subsequently the tax was received only for 1.50 acres of land. The stand of the Government is that the balance land is Government land and it is going to be distributed to the members of the Scheduled Tribes. Against those steps, the petitioner has already moved this Court by filing O.P.No.7832/2003. There is an interim order in the writ petition, not to dispossess him of this land, it is submitted. This writ petition is filed mainly for a direction to revenue officials to receive basic tax from him. Since there is dispute regarding the title of the petitioner over the property and the Government claims that a portion of the property belongs to it, there cannot be any direction to receive basic tax from the petitioner. If the petitioner establishes his right over the entire property, he can move for receiving the basic tax. Accordingly, the writ petition is closed. (K.BALAKRISHNAN NAIR, JUDGE) ps