IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 26068 of 2011(G) -------------------------- PETITIONER: --------------- MARIAM BEEVI, W/O.LATE K.S.MOIDEEN, SULSAN VILLA, BANGODE, RAILWAY STATION ROAD, THALANGARA VILLAGE, KASARAGOD TALUK. BY ADV. SRI.P.K.MUHAMMED SRI.S.VIJI RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KASARAGOD DISTRICT, KASARAGOD - 671121 2. SECRETARY, KASARAGOD MUNICIPALITY, KASARAGOD - 671121 3. VILLAGE OFFICER, THALANGARA VILLAGE, KASARAGOD DISTRICT. PIN - 671121. SR. GOVERNMENT PLEADER SRI.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26068 of 2011(G) APPENDIX PETITIONER(S) EXHIBITS EXT.P-1 TRUE COPY OF THE 'JENM AADHARAM' DATED 12.10.2000 EXT.P-2 TRUE COPY OF THE DECREE IN O.S.NO.300/1975 ON THE FILE OF MUNSIFF'S COURT, KASARAGOD DATED 28.2.79. EXT.P-3 TRUE COPY OF THE COMMON JUDGEMENT IN A.S.NO.49/79 AND A.S.NO.48/79 ON THE FILE OF THE SUB COURT, KASARAGOD DATED 25.3.81. EXT.P-4 TRUE COPY OF THE JUDGEMENT IN S.A.NOS.725/81 AND 726/81 DATED 22.12.1986 OF THIS HON'BLE COURT. EXT.P-5 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE REVENUE ADALATH, KASARAGOD DATED 4.12.2008 EXT.P-6 TRUE COPY OF THE NOTICE IN REF.C4-15516/10 ISSUED BY DEPUTY COLLECTOR (LR) DIRECTING THE PETITIONER TO APPEAR ON 28.4.2010 FOR HEARING. EXT.P-7 TRUE COPY OF THE ORDER ISSUED BY THE SECOND RESPONDENT, DATED 2.5.2011 EXT.P-8 TRUE COPY OF THE STAY ORDER IN I.A.NO.654/2011 IN APPEAL NO.428/2011 DATED 21.6.2011 RESPONDENTS' EXHIBITS : NIL //True copy// PA to Judge ANTONY DOMINIC, J ----------------------------------------- W.P(C) No. 26068 of 2011 ------------------------------------------ Dated this the 30th day of September , 2011. JUDGMENT The controversy in this writ petition pertains to 13 cents of land situated in RS No.77/1 of Thalangara Village. The grievance of the petitioner is that respondents are refusing to accept the land tax in respect of the said land. It is seen that the petitioner has already filed Exhibit P5 before the Revenue Adalath of which the first respondent is the Chairman. Taking note of the above, I direct that the first respondent shall consider Exhibit P5 with notice to the petitioner as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment along with a copy of the writ petition. Learned counsel for the petitioner submits that the building constructed in the land was ordered to be demolished/ regularized, primarily on the ground that the tax in respect of the building was unpaid. It is stated that appeal No. 428/11 has been filed by the petitioner against the said order and that the appeal is now pending before the Tribunal for Local Self Government Institutions which has posted the appeal for hearing to 3.10.2011. Since the order to be passed by the W.P(C) No. 26068 of 2011 2 District Collector on Exhibit P5 will have at an impact on the decision in the appeal, I direct that further proceedings in the appeal be kept in abeyance, for a period of eight weeks so that orders passed by the District Collector on Exhibit P5 can obtained and produced before the said Tribunal. Sd/- ANTONY DOMINIC, JUDGE. Rkc //True copy// PA to Judge