IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 22464 of 2009(C) -------------------------- PETITIONERS: --------------- 1. PUTHIYAPARAMBIL RAGHAVAN, S/O. KUNHAMBU AGED 50 YEARS, THERTHALLI, THIMIRI VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. POYILIL MAHESH, S/O. RAGHAVAN, AGED 29 YEARS, THERTHALI,THIMIRI VILLAGE, TALIPARAMBA TALUK,KANNUR DISTRICT. 3. VETTILOTT KANNAN, S/O. KORAN, AGED 56 YEARS, KOOVERI VILLAGE, NADUKANI, PALLIVAYAL P.O., KARIMBAM VIA, TALIPARAMBA TALUK, KANNUR DISTRICT. 4. NALARAKETTIL UNDA MUHAMMED, S/O. HAMSA, AGED 57 YEARS, PANNIYOOR, PALLIVAYAL P.O., KARIMBAM VIA, TALIPARAMBA TALUK, KANNUR DISTRICT. 5. CHALIL KARTHIYAYANI, W/O. NARAYANAN, AGED 59 YEARS, PANNIYOOR, PALLIVAYAL P.O., KARIMBAM VIA, TALIPARAMBA TALUK, KANNUR DISTRICT. 6. PARAMMAL PUTHIYAPURAYIL CHEEYYAYI, D/O. APPU, PANNIYOOR, PALLIVAYAL P.O., KARIMBAM VIA, TALIPARAMBA TALUK, KANNUR DISTRICT. 7. MOOLAYIL KUMARAN, S/O. KORAN, AGED 57 YEARS, PANNIYOOR,PALLIVAYAL P.O., KARIMBAM VIA, TALIPARAMBA TALUK, KANNUR DIST. BY ADV. SRI.O.V.MANIPRASAD RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY SECRETARYT TO GOVERNMENT, REVENUE DEPT. GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE TAHSILDAR, TALIPARAMBA TALUK, TALIPARAMBA P.O., KANNUR DISTRICT. W.PC.NO.22464 OF 2009 3. THE VILLAGE OFFICER, KOOVERI VILLAGE, KOOVERI P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.PC.NO.22464 OF 2009 APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1: TRUE COPY OF THE ASSIGNMENT DEED NO.3046/1998 OF SUB REGISTRAR'S OFFICE, TALIPARAMBA. EXHIBIT P2: TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23-11-1999 EXHIBIT P3: TRUE COPY OF THE LOCATION CERTIFICATE DATED 23-11-1999 EXHIBIT P4: TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE THIRD RESPONDENT ON 23-11-1999 EXHIBIT P5: TRUE COPY OF THE SETTLEMENT DEED EXECUTED BY THE MOTHER OF THE SECOND PETITIONER. EXHIBIT P6: TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE SECOND PETITIONER ON 23-11-1999 EXHIBIT P7: TRUE COPY OF the ASSIGNMENT DEED EXECUTED BY PUTHIYAPURAYIL BALAKRISHNAN IN FAVOUR OF POYIL ROHINI ON 09-01-1995 EXHIBIT P8: TRUE COPY OF THE RECEIPT ISSUED BY THE THIRD RESPONDENT COLLECTING THE BASIC TAX FROM THE THIRD PETITIONER. EXHIBIT P9: TRUE COPY OF the PARTITION DEED DATED 01-04-2000. EXHIBIT P10: TRUE COPY OF THE BASIC TAX RECEIPT DATED 16-07-2003 EXHIBIT P11: TRUE COPY OF THE BASIC TAX RECEIPT DATED 18-07-2003. EXHIBIT P12: TRUE COPY OF THE BASIC TAX RECEIPT DATED 18-07-2003. EXHIBIT P13: TRUE COPIES OF the BASIC TAX RECEIPTS DATED 06-01-1999, 18-03- 2000 AND 05-06-2003. EXHIBIT P14: TRUE COPY OF THE SETTLEMENT DEED DATED 19-07-1996. EXHIBIT P15: TRUE COPIES OF BASIC TAX RECEIPTS DATED 23-11-1998 AND 31-07- 2003. EXHIBIT P16: TRUE COPY OF THE ORDER DATED 28-06-1996 IN TLB No.230/1973 OF TALUK LAND BOARD, TALIPARAMBA. EXHIBIT P17: TRUE COPY OF the ORDER DATED 22-03-2006 IN C.R.P.No.1707/1997 OF THIS HON'BLE COURT. EXHIBIT P18: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS. EXHIBIT P19: TRUE COPY OF THE REPRESENTATION SUBMITTED BYTHE PETITIONERS. RESPONDENTS' EXHIBITS: NIL TRUE COPY PA TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.22464 of 2009 ------------------------------------------------ Dated this the 3rd day of February, 2010 JUDGMENT The main prayer in the writ petition is for a direction to respondents 2 and 3 to accept the land tax from the petitioners for their respective properties in Re.Sy.No.182/1A1A2 of Kooveri Village in Taliparamba taluk. 2. The petitioners are having possession of various items of properties by way of various transactions reflected in the documents produced in the writ petition. Exts.P1 to P15 has been produced in this writ petition to show that they are in possession of the respective properties. 3. The Taluk Land Board as per Ext.P16 order found that the properties in the possession and enjoyment of the applicants are liable to be exempted and deleted from the account of the declarant Aboobacker Siddique as the petitioners and others are found in valid possession of the same as cultivating tenants. The Government of Kerala challenged ExtP16 order of the Taluk Land Board before this Court by filing C.R.P.No.1707/1997. The above C.R.P.No.1707/1997 has been dismissed as per Ext.P17 order. The petitioners are relying upon Exts.P16 and P17 orders W.P.(C)No.22464 of 2009 2 in support of the plea that there is no reason whatsoever for the third respondent to refuse to accept land tax in respect of different items of properties held by them. Exts.P18 and P19 are representations made by them. The learned counsel for the petitioners submitted that the petitioners have produced certified copy of the judgment Ext.17 and the copy of the proceedings of the Taluk Land Board before the Tahsildar in support of their plea. It is pointed out that when the certified copy has been produced in the proceedings no other objection can be taken to the effect that order should have been directly communicated to the Tahsildar concerned. I see force in the above submission. Ext.P17 is the judgment rendered by this Court after hearing parties wherein the Government itself was the petitioner. No modification has been made in the proceedings of the Taluk Land Board by this Court while dismissing the C.R.P. It is obvious from Ext.P17 order that the C.R.P has been dismissed confirming the finding of the Taluk Land Board. 4. In that view of the matter, there will be a direction to the second respondent to consider the grievances raised by the W.P.(C)No.22464 of 2009 3 petitioners as per Exts.P18 and P19 after verifying the facts revealed from Ext.P16 proceedings of the Land Board and the judgment of this Court in Ext.P17. Appropriate action shall be taken in the matter within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj