IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 26408 of 2008(R) ----------------------------------------- PETITIONER(S): -------------------------- BASHEER, S/O.SAIDALAVI, VELLIYAPPANTHODI HOUSE, KARUMANAMKURUSSY, CHERUPLASSERY VILLAGE, OTTAPALAM TALUK. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): ---------------------------- 1. THE VILLAGE OFFICER, CHERUPLASSERY VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. THE TAHSILDAR, OTTAPALAM TALUK, PALAKKAD DISTRICT. GOVERNMENT PLEADER SMT. M.R.SREELATHA FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26408/2008 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED DTD. 14/12/1998. EXT.P2: COPY OF THE CERTIFICATE NO.6158/1970 OF SREEKRISHNAPURAM LAND TRIBUNAL. EXT.P3: COPY OF THE TAX RECEIPT EVIDENCING THE PAYMENT OF PROPERTY TAX OF THE PROPERTY. EXT.P4: COPY OF THE POSSESSION CERTIFICATE DTD. 30/10/2001 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------- W.P.(C) No. 26408 of 2008 ------------------------------------ Dated this the 14th day of January, 2009 JUDGMENT The claim in this writ petition is for issuance of a possession certificate and to accept the property tax in respect of 8.09 Ares of land comprised in Survey No.155/6 of Karumanamkurssy Desom (Resurvey No.182/1/3 of Block No.42, Cherpulassery Village). In the counter affidavit filed on behalf of the respondent, it is stated that the land in question is included in a proceeding pending before the Taluk Land Board, Ottapalam. If that be so, the first respondent cannot be faulted for the non acceptance of tax and non issuance of possession certificate. Be that as it may, I leave it open the petitioner to pursue his remedies before the appropriate forum. ANTONY DOMINIC, JUDGE scm