IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 29891 of 2009(F) ----------------------------------------- PETITIONER(S): ------------------------- VALSA KURIAKOSE, THARAPPATTU MOOLAYIL HOUSE, MYSORE ROAD, SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. MR.M.P.ASHOK KUMAR RESPONDENT(S): --------------------------- 1. THE VILLAGE OFFICER, KALPATTA VILLAGE, WAYANAD. 2. TAHSILDAR, VYTHIRI TALUK, WAYANAD. 3. THE DISTRICT COLLECTOR, WAYANAD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29891/2009 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE POSSESSION CERTIFICATE DTD. 21/06/2000 ISSUED BY THE VILLAGE OFFICER. P2: COPY OF THE BASIC TAX RECEIPT DTD. 6/11/07 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2007 - 2008. P3: COPY OF THE NON ENCUMBRANCE CERTIFICATE DTD. 6/10/09. P4: COPY OF THE BASIC TAX RECEIPT ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2008-2009 AND 2009-2010. P5: COPY OF THE REPRESENTATION DTD. 24/11/08. P6: COPY OF THE LETTER DTD. 21/04/09 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 29891 of 2009 - F ---------------------------------------- Dated 23rd November, 2009 Judgment Heard Sri.M.P.Ashok Kumar, the learned counsel appearing for the petitioner and Sri.M.A.Asif, the learned Government Pleader appearing for the respondents. 2. The petitioner purchased 9.25 acres of land situated in Re-Survey No.271 of Kalpetta Village (old Survey No.470) as per sale deed No.2188 of 2000 executed on 14.6.2000. After the petitioner purchased the land, availed a cash credit loan from Federal Bank, Sulthanbathery branch on the security of the land. The grievance voiced by the petitioner in this writ petition is that the Village Officer, Kalpetta Village is not receiving the basic tax from him, though basic tax upto 2007 – 2008 was received from him. 3. The learned Government Pleader submits on instructions that the respondents dispute the petitioner's title over the land and that is the reason why basic tax was not W.P.(C) No.29891/2009 2 received from him. The learned counsel appearing for the petitioner submits that the District Collector, Wayanad has in letter dated 8.10.2009 sent to the Land Revenue Commissioner stated that there is no illegality in receiving land tax from the petitioner. A copy of the said letter was made available to me for perusal. The District Collector has in the said letter stated that the enquiry being conducted against the petitioner and others is in progress and that basic tax can be received from them without prejudice to the rights of the Government. 4. Payment of revenue by the petitioner will not confer title on him if otherwise he has no title to the lands in his possession. The mere payment of land tax by the petitioner will not also affect the rights of the Government if the Government have paramount and superior title. In such circumstances, I dispose of this writ petition with a direction to the Village Officer, Kalpetta to receive land tax from the petitioner for the current financial year and also for the succeeding financial years without prejudice to the rights of W.P.(C) No.29891/2009 3 the Government. It is clarified that payment of land tax by the petitioner on the strength of this judgment will not affect the rights, if any, that the Government have over the lands belonging to the petitioner. It is also clarified that nothing contained in this judgment will stand in the way of the Government from proceeding against the petitioner in accordance with law, if the Government have title over the lands. P.N.RAVINDRAN Judge vaa