IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 34563 of 2009(M) ----------------------------------- PETITIONER : ------------------- N.SASI, AGED 38 YEARS, S/O.NATARAJAN, THARAYIL HOUSE, UPHILL-P.O., ERNAD TALUK, MALAPPURAM DISTRICT. BY ADVS. MR.P.VIJAYA BHANU MR.P.VENUGOPAL RESPONDENTS : ---------------------- 1. VILLAGE OFFICER, EDAKKARA VILLAGE MALAPPURAM DISTRICT. 2. TAHSILDAR, NILAMBUR TALUK, MALAPPURAM DISTRICT. 3. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM. GOVERNMENT PLEADER MR.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JVT W.P.(C)No.34563 of 2009 APPENDIX Petitioner's Exhibits : Ext.P1 :- Copy of the title deed, Document No:2945/2009 of the Office of the Sub Registrar, Edakkara. Ext.P2 :- Copy of the Certificate of Purchase No:1506/1976 issued by the Land Tribunal II Edakkara. Ext.P3 :- Copy of the Certificate of Purchase No:4511/1976 issued by the Land Tribunal II Edakkara. Ext.P4 :- Copy of the basic tax receipt dated 18.12.1995 issued by the first respondent. Ext.P5 :- Copy of the basic tax receipt dated 17.02.1998 issued by the first respondent. Ext.P6 :- Copy of the basic tax receipt dated 18.12.1995 issued by the first respondent. Ext.P7 :- Copy of the basic tax receipt dated 19.02.1998 issued by the first respondent. Ext.P8 :- Copy of the basic tax receipt dated 03.08.2006 issued by the first respondent. Ext.P9 :- Copy of the Possession Certificate dated 08.01.2007 issued by the first respondent in respect of the property covered by Document No:5434/1995. Ext.P10 :- Copy of the Encumbrance Certificate issued by the Sub Registrar, Edakkara. Ext.P11 :- Copy of the representation submitted by the petitioner to the first respondent dated 01.10.2009. Ext.P12 :- Copy of the representation submitted by the petitioner to the Additional District Magistrate, Malappuram dated 12.10.2009. Ext.P13 :- Copy of the notice issued by the first respondent to the petitioner dated 06.11.2009. Respondent's Exhibits :- NIL. //True Copy// P.A. To Judge T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.34563 OF 2009 --------------------------------------- Dated this the 5th day of March, 2010. J U D G M E N T The petitioner herein purchased landed property having an extent of 5 acres situated in Edakkara village of Nilambur Taluk, Malappuram District from one Muhammedali. The true copy of the title deed has been produced as Exhibit P1. 2. This writ petition is filed seeking for a direction to respondents 1 and 2 to accept the basic tax in respect of the property covered by Exhibit P1 document. The property was originally owned by Muhammedali as already noticed. His predecessor in interest was one Varangodan Chekkutty Master. The property was obtained as per Document Nos.5433/1995 and 5434/1995. The basic tax receipts showing various payments have been produced as Exhibits P4 to P8. Exhibit P9 is the copy of Possession Certificate and Exhibit P10 is the copy of Encumbrance Certificate. 3. The petitioner submitted a request as per Exhibit P11 for W.P.(C) No.34563/2009 2 accepting the basic tax. According to the petitioner, in spite of various requests, no action was being taken. He had filed a representation as per Exhibit P12 before the Additional District Magistrate also. Finally, the 1st respondent issued a notice Exhibit P13 asking the petitioner to produce certain documents. It is submitted by the learned counsel for the petitioner that the documents have been produced already. It is further pointed out by the learned counsel for the petitioner that the examination of the documents have not been made so far by the 1st respondent. There will be a direction to the 1st respondent to proceed with the application and conduct due enquiries and after examining the documents produced by the petitioner, the 1st respondent will take appropriate decision in the matter. The petitioner will be heard in person also on a convenient date. Actions shall be finalised within a period of six weeks. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp