IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 5240 of 2011(D) ------------------------------------- PETITIONERS: --------------------- 1. CHACKO OUSEPH, S/O.OUSEPH, VAZHAKUZHYIL HOUSE, KARIKAD KARA, VELLIKULAM P.O, KOTTAYAM DISTRICT. 2. JOSHY CHACKO, VAZHAKUZHYIL HOUSE, KARIKAD KARA, VELLIKULAM P.O,KOTTAYAM DISTRICT. BY ADVS. SRI.SHAJI THOMAS PORKKATTIL, SRI.N.NAGARESH, SRI.BINU PAUL, SRI.T.V.VINU. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DISTRICT COLLECTOR, KOTTAYAM-686 002. 3. SURVEY SUPERINTENDENT, OFFICE OF THE SUPERINTENDENT OF SURVEY, PALA- 686 575. 4. VILLAGE OFFICER, TEEKOY, KOTTAYAM DISTRICT-686 580. R1 TO R4 BY SR. GOVT. PLEADER SRI. MATHEW GEORGE VADAKKEL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5240/2011-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PARTITION DEED NO.1073 OF POONJAR SRO REGISTERED ON 19/10/1973. EXT.P.2: COPY OF THE SALE DEED NO.3488/95 OF SRO POONJAR REGISTERED ON 10/10/1995. EXT.P.3: COPY OF THE COMPLAINT DTD. 16/08/2008 FILED BY THE P.2. BEFORE THE DISTRICT COLLECTOR, KOTTAYAM. EXT.P.4: COPY OF THE LAND TAX RECEIPTS DTD 08/09/2008 ISSUED BY THE R.4. EXT.P.5: COPY OF THE LAND TAX RECEIPTS DTD. 16/10/2009 ISSUED BY THE R.4. EXT.P.6: COPY OF THE COMPLAINT DTD. 08/04/2010 FILED BY THE P.1. BEFORE THE TAHSILDAR, MEENACHIL. EXT.P.7: COPY OF THE COMPLAINT DTD. 08/04/2010 SUBMITTED BEFORE THE SURVEY SUPERINTENDENT, PALA. EXT.P.8: COPY OF THE COMPLAINT DTD. 08/04/2010 SUBMITTED BEFORE THE SURVEY SUPERINTENDENT, PALA. EXT.P.9: COPY OF THE NOTICE DTD. 23/07/2010 ISSUED BY THE ADDL. TAHSILDAR, PALA. EXT.P.10: COPY OF THE NOTICE DTD. 23/07/2010 ISSUED BY THE ADDL. TAHSILDAR, PALA. EXT.P.11: COPY OF THE JUDGMENT DTD. 26/06/1997 IN O.P.NO.17889/1996 OF THIS HONOURABLE COURT. EXT.P.12: COPY OF THE JUDGMENT DTD. 18/10/2005 IN O.P.NO.10457/98 OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 5240 OF 2011 ----------------------------------------------------- Dated this the 17th day of August , 2011 J U D G M E N T Non-acceptance of tax in respect of petitioners' property covered by Exts.P1 and P2 is what is complained of in this writ petition. 2. Petitioners submits that earlier when tax in respect of petitioner's wife's property was refused to be accepted, O.P.17889/96 was filed and that the said OP was disposed of by Ext.P11 judgment. In Ext.P11 judgment, this court directed thus: “Accordingly, I dispose of this writ petition as follows:- i) The third respondent, Survey Superintendent shall approach the Land Board concerned and obtain the plan concerning the excess land. This shall be done by the third respondent within tow months from W.P.(C) No. 5240 OF 2011 :2 : the date of receipt of a copy of this judgment. ii) On receipt of the plan, Survey Superintendent shall place the plan along with the objections of the petitioners before the Survey Adalath and the Survey Adalath shall give the petitioners an opportunity of being heard to substantiate their grievance. The Survey Adalath shall thereupon pass orders on the objections filed by the petitioners. This shall be done at any rate, within another three months.” 3. According to the learned counsel, based on the directions in Ext.P11, the whole process was completed and tax was accepted. In this writ petition also, he submits that since an identical grievance has been raised by the petitioner's wife in the aforesaid case, similar directions as in Ext.P11 judgment may be issued. W.P.(C) No. 5240 OF 2011 :3 : 4. Therefore I dispose of the writ petition directing that the 3rd respondent shall comply with the aforesaid two directions contained in the judgment in O.P.17889/96 in so far as the petitioners' property also and on that basis Survey Adalath shall decide the matter on the request made by the petitioners. It is made clear that the whole process shall be completed as expeditiously as possible at any rate within three months from the date of receipt of a copy of this judgment. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge