IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 35548 of 2008(F) -------------------------- PETITIONER(S): -------------------- GRACY, 41 YEARS, W/O. JOSE, VAIDHYAKARAN HOUSE, P.O. PALACKAL, THRISSUR DIST. BY ADV. SRI.A.F.SEBASTIAN RESPONDENT(S): --------------------- 1. THE DISTRICT COLLECTOR, THRISSUR DISTRICT, KERALA. 2. THE KERALA STATE FINANCIAL CORPORATION, REP. BY THE CHIEF MANAGER, HEAD OFFICE, VELLAYAMBHALAM, THIRUVANANTHAPURAM, KERALA. 3. THE VILLAGE OFFICER, PANANCHERRY VILLAGE, THRISSUR DIST. 4. P.D. JAISON, MARIAN PLASTICS, KOOTALA P.O., THRISSUR DIST. ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R2 GOVT.PLEADER SMT.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 35548 OF 2008 (F) ==================== Dated this the 6th day of January, 2009 J U D G M E N T Petitioner submits that she is the owner of 2 acre 92.5 cents of land in Sy.No.77/176/1 of Pananchery Village. The property is mortgaged to the KFC. In this writ petition all that the petitioner complains is that the 3rd respondent is not accepting the tax in respect of the property and that an application for a possession certificate has been made and that also has not been issued. The reason according to the petitioner is that on the basis of the mortgage executed in its favour, KFC has initiated recovery proceedings against the property. 2. Now that the petitioner only wants that tax in respect of the property should be accepted and that the possession certificate is issued, I am inclined to dispose of this writ petition with the following directions. 3. That irrespective of the recovery proceedings that has been initiated by the 3rd respondent, the petitioner being the owner of the property, the 3rd respondent shall accept tax in respect of the property. So long as the petitioner is in possession of the property, his application for possession certificate is also liable to be considered by the 3rd respondent. If the petitioner has made any such application in this behalf, necessary WPC 35548/08 :2 : orders shall be passed considering the same. Petitioner may produce a copy of this judgment before the 3rd respondent for compliance. ANTONY DOMINIC, JUDGE Rp