IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 26211 of 2011(B) -------------------------- PETITIONER(S): ---------------------- K.M.CHANDEEVI, D/O K.P MOIDEEN, HOUSE NO.38/976, PATTANI STREET, PALAKKAD-14. BY ADV. SRI.C.P.MOHAMMED NIAS SRI.SRINATH GIRISH SRI.K.S.VINAYAK PRATAP RESPONDENT(S): ----------------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION-678014, PALAKKAD. 2. THE TAHSILDAR, PALAKKAD-678014. 3. THE VILLAGE OFFICER, YAKKARA VILLAGE, PALAKKAD-678014. GOVT.PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.26211/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE DEED OF GIFT DTD.5.08.1946 EXECUTED BY K.P.KUNJUMMOO INFAVOUR OF K.P.MOIDEEN. EXT.P2 TRUE COPY OF THE APPLICATION DTD.19.05.1948 SUBMITTED BY K.P.MOIDEEN BEFORE THE MUNICIPAL COMMISSIONER,PALAKKAD. EXT.P3 TRUE COPY OF THE APPROVAL ORDER NO B.R.NO.331/48 PASSED BY THE MUNICIPAL COMMISSIONER, PALAKKAD. EXT.P4 TRUE COPY OF THE GIFT DEED EXECUTE BY K.P. MOIDEE INFAVOUR OF THE IST PETITIONER. EXT.P5 TRUE COPY OF THE APPLICATION DTD.1-12-2010 SUBMITTED BY THE FIRST PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6 TRUE COPY OF THE LETTER DTD.28.05.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P7 TRUE COPY NOTICE DTD.2.06.2011 ISSUED BY THE3RD RESPONDENT TO THE FIRST PETITIONER EXT.P8 TRUE COPY ORDER DATED 22.6.11 ISSUED BY THE 3RD RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 26211 OF 2011 ===================== Dated this the 13th day of October, 2011 J U D G M E N T The challenge in the writ petition is against Ext.P8 by which the request of the petitioner for acceptance of tax in respect of the property mentioned therein has been turned down. Petitioner also seeks a direction for the acceptance of tax. 2. From the facts pleaded, it appears that the petitioner claims to be the owner of 18 cents of land situated in Sy.No.1060/1A and 1061/IA of Yakkara Village. According to the petitioner, the property originally belonged to the petitioner's father's brother and that the aforesaid person had gifted the property to the petitioner's father by Ext.P1. It is also stated that the petitioner's father in turn gifted the property to her as per Ext.P4 executed in 1980. It is on that basis that the tax was tendered, which is now declined to be accepted. 3. There is no pleading in the writ petition suggesting that, on the strength of Ext.P4 document, the property was mutated in the name of the petitioner. If that be so, petitioner could not have expected the 3rd respondent to have accepted tax WPC No. 26211/11 :2 : in respect of the property. In that view, I see nothing objectionable in the impugned order. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp