IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 32742 of 2006(W) -------------------------- PETITIONER(S): --------------- M.T.V. KUNHIKANNAN NAMBIAR, S/O.SANKARA NAMBIAR, MELILLAM HOUSE, HARIPURAM P.O., UDAYANAGAR, ANANDASRAMAM (VIA), KARAKKAKUNDU, KASARAGOD. BY ADV. SRI.K.MOHANAKANNAN RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, SREEKANDAPURAM. 2. THE TAHSILDAR, TALIPARAMBA TALUK, KANNUR DISTRICT. BY G.P. SRI. MATHEW VADAKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF THE ASSIGNMENT ;DEED DATED 27.9.86 EXT.P2 TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED 10.4.1987 EXT.P3 TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED 25.3.89 EXT.P4 TRUE COPY OF THE DECREE IN OS 287 OF 1990 DATED 30.1.91 OF THE MUNSIFF COURT OF TALIPARAMBA. EXT.P5 TRUE PHOTOCOPY OF THE GIFT DEED EXECUTED BY THE PETITIONER IN FAVOUR OF HIS WIFE AND CHILDREN DATED 23.6.93 EXT.P6 TRUE PHOTOCOPY OF THE CANCELLATION DEED DATED 6.4.1996 EXT.P7 TRUE COPY OF THE LAWYER NOTICE SENT TO THE FIRST RESPONDENT DATED 27.4.1994 EXT.P8 TRUE COPY OF THE JUDGMENT IN CRP NO.1319 OF 1994 DATED 13.1.2000 EXT.P9 TRUE COPY OF THE JUDGMENT IN OP 25579 OF 2000 DATED 30.1.06 EXT.P10 TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED 1.11.2006 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 32742 OF 2006 -------------------------------------------- Dated this the 9th day of July, 2009 JUDGMENT Petitioner's grievance is that inspite of ownership, possession and enjoyment over one acre of land, Village Officer refused to recognise the same or accept tax. Petitioner's title is essentially based on court decrees. Since civil court is the ultimate authority to decide on title of land, W.P. is disposed of directing the Village Officer to verify court judgment and decree produced by the petitioner, conduct local inspection and verify whether the petitioner is in possession and enjoyment of land and if so to make modification consistent with the court judgment in the revenue records and start collecting tax including arrears without any delay. Petitioner will produce a copy of this judgment and other documents before the Village Officer for compliance. (C.N. RAMACHANDRAN NAIR) Judge kk 2