IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 15743 of 2011(P) ------------------------- PETITIONER: --------------- ABDU,S/O.UNNEEN,AGED 81 YEARS, THACHANPETTA,ALANELLOOR, MANNARKKAD, PALAKKAD DISTRICT. BY ADVS. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENTS: ---------------------- 1. THE TAHSILDAR, TALUK OFFICE, MANNARKKAD 678 582. 2. THE VILLAGE OFFICER, ALANELLOOR I VILLAGE MANNARKKAD, PIN 678 601. R1 & R2 BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.15743/2011 -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE BASIC TAX RECEIPT DT. 22-03-2001 ISSUED BY THE 2ND RESPONDENT. EXT.P2 : COPY OF THE BASIC TAX RECEIPT DT. 08-01-2003 ISSUED BY THE 2ND RESPONDENT. EXT.P3 : COPY OF THE BASIC TAX RECEIPT DT. 18-02-2004 ISSUED BY THE 2ND RESPONDENT. EXT.P4 : COPY OF THE BASIC TAX RECEIPT DT. 10-03-2004 ISSUED BY THE 2ND RESPONDENT EXT.P5 : COPY OF THE BASIC TAX RECEIPT DT. 20-06-2005 ISSUED BY THE 2ND RESPONDENT EXT.P6 : COPY OF THE PETITION DT. 15-03-2011 FILED BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE AMG P.R.RAMACHANDRA MENON, J. ------------------------------------------------- W.P.(C)No. 15743 OF 2011 ------------------------------------------------- DATED THIS THE 23rd DAY OF JUNE, 2011 J U D G M E N T The grievance of the petitioner is that the petitioners and others are the owners of 2.23 acres of land in Sy. No.251/1C of Alanelluur village in Palakkad district, by virtue of the title deed No.157/1993 of S.R.O. Alanelloor, in respect of which, tax is being remitted as per Ext.P1 to P5. The village officer refused to accept the basic tax after 2005-2006. The alleged reason stated is that a suit is pending before the Sub Court, Ottapalam as O.S. No.139/1994 for permanent prohibitory injunction filed by Smt. Parvathy and others. 2. The learned counsel for the petitioner submits that this cannot be a valid reason for the refusal to accept the basic tax. The learned counsel also submits that, to the knowledge of the petitioner, the said civil suit was dismissed by the lower Court on 18-12-2007. 3. Heard the learned Government pleader as well. Considering the facts and circumstances of the case, the 1st respondent is directed to consider Ext.P6 application preferred by the petitioner to remit basic tax and pass appropriate orders W.P.(C)No.15743/2011 -2- in accordance with law, after hearing both the sides as expeditiously as possible at any rate within 2 months from the date of production of a copy of this judgment, along with a copy of the writ petition. Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON, JUDGE. AMG True copy P.A to Judge