IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 22729 of 2006(E) -------------------------------------- PETITIONERS: --------------------- 1. P.J.KURUVILLA, PUTHEN KADUPPIL, KOOVAPPALLY VILLAGE, ANJILUPPA, KANJIRAPPALLY, KOTTAYAM. 2. SHERRY KURUVILLA, S/O.P.J.KURUVILA, PUTHEN KADUPPIL, KOOVAPPALLY VILLAGE, ANJILUPPA, KANJIRAPPALLY, KOTTAYAM. BY ADV. SRI.M.C.JOHN. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, WAYANAD. 2. THE TAHSILDAR, TALUK OFFICE, VYTHIRI. 3. THE VILLAGE OFFICER, VELLARIMALA, VYTHIRI, WAYANAD. R1 TO R3 BY GOVT. PLEADER SRI. R. BINDU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22729/2006-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE POSSESSION CERTIFICATE NO.K.DIS.18230/94 DTD. 14/11/1994. EXT.P.2: COPY OF THE CARDAMOM REGISTRATION CERTIFICATE R.C. NO.4/1994 ISSUED BY THE R.2. EXT.P.3: COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE R.3. EXT.P.4: COPY OF THE BASIC TAX RECEIPT DTD. 29/11/1995 ISSUED BY THE R.3. EXT.P.5: COPY OF THE ASSESSMENT ORDER DTD. 31/12/1994. EXT.P.6: COPY OF THE PLANTATION TAX RECEIPT DTD. 18/08/2006. EXT.P.7: COPY OF THE POSSESSION CERTIFICATE K. DIS. 16231/1994 DTD. 14/11/1994. EXT.P.8: COPY OF THE CARDAMOM REGISTRATION CERTIFICATE NO.RC.3/94 ISSUED BY THE R.3. EXT.P.9: COPY OF THE POSSESSION CERTIFICATE NO.260/94 DTD. 21/07/1994 ISSUED BY THE R.3. EXT.P.10: COPY OF THE BASIC TAX RECEIPT DTD. 29/11/1995 ISSUED BY THE R.3. EXT.P.11: COPY OF THE ASSESSMENT ORDER DTD. 31/12/1994. EXT.P.12: COPY OF THE RECEIPT DTD. 27/04/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 22729 OF 2006 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 8th day of February, 2011 JUDGMENT The petitioner has approached this Court with the following prayers: a). issue a writ of mandamus directing the respondents to accept Land Tax in respect of the properties - 11 acres and 12 acres respectively in R.S. No. 1186 of Vellarimala Village in the ownership and possession of the petitioners; b). issue a writ of mandamus directing the second respondent to issue the possession certificate in respect of the properties covered by Exts. P1 and P7; c) issue such other writ, order or direction including interim orders as that are necessary in the circumstances of the case and to allow this Writ Petition with costs. 2. The learned counsel for the petitioner submits that, the non acceptance of the basic tax in respect of the property in question made the petitioner to approach this Court with the above mentioned prayers. The reason stated is that the property has already been notified as 'Ecologically Fragile Land' under the Kerala Forest (Vesting and Management of Ecologically Fragile Land) Act, 2003 and as such, no tax can be accepted in the said circumstances. The learned counsel also submits that, there is a statutory remedy as provided under the Act W.P. (C) No. 22729 of 2006 : 2 : for challenging the notification and that the petitioner would like pursue the said remedy. In the said circumstances, the Writ Petition is disposed of without prejudice to the rights and liberties of the petitioner to pursue the statutory remedy as aforesaid. P. R. RAMACHANDRA MENON, JUDGE kmd