Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE23D DAY OF JANUARY20143RD MAGHA, 1935 WP(C).No. 413 of 2014 (B) -------------------------- PETITIONER(S): -------------------------- 1. CHELLAMMA K, W/O LATE SRI. SANKARAN ACHUTHAN, CHARUVILA PUTHEN VEEDU, NANAMKONAM, NAVAIKULAM POST,THIRUVANANTHAPURAM.
2. A.BABU, S/O LATE SRI. SANKARAN ACHUTHAN, CHARUVILA PUTHEN VEEDU, NANAMKONAM, NAVAIKULAM POST,THIRUVANANTHAPURAM. BY ADV. SRI.B.BALA PRASANNAN RESPONDENT(S): ---------------------------- 1. THE TAHSILDAR, CHIRAYANKEEZHU, ATTINGAL- 695 101 2. THE VILLAGE OFFICER, NAVAIKULAM VILLAGE OFFICE,PIN-695 603 R1 & R2 BY SR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2301-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C).No. 413 of 2014 (B) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE ADHAR CARD BEARING ADHAR NO. 6007 6935 0714 ISSUED TO THE IST PETITIONER EXHIBIT P2 TRUE COPY OF THE ADHAR CARD ISSUED TO THE2D PETITIONER EXHIBIT P3 TRUE COPY OF THE RATION CARD ISSUED TO SRI. SANKARAN ACHUTHAN EXHIBIT P4 TRUE COPY OF THE ORDER
NO. D6 40494/2013 DATED2008-2013 ISSUED BY THE IST RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPLY DATED0709-2013 EXHIBIT P6 TRUE COPY OF THE DECISION OF ANWAR M. EASA V. DISTRICT COLLECTOR, ERNAKULAM IN WPC. NO. 12918 OF 2008 RESPONDENT(S)' EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts P.R. RAMACHANDRA MENON, J.
.............................................................................. W.P.(C)No. 413 OF2014......................................................................... Dated this the 23rd January, 2014
JUDGMENT
The petitioners have approached this Court with the following prayers: "i) issue a writ of certiorari quashing Exhibit P4 ii) issue a writ of mandamus or any other writ directing the respondents to accept the land tax and issue possession certificate in respect of landed properties extending 34.00 Ares in Re-survey No.439/8(old survey 1701/11) in Navaikulam village in Block No.24 of Thandaper No.3721 in the name of 1st petitioner . iii) issue such other writ or direction which this Honourable Court deem fit.
2. The petitioners are in possession of 34 Ares of land in Re-survey No. 439/8, in Thandaper No.3721 of Navaikulam Desom. It is discernible from Ext.P5 communication dated 07.09.2013 issued by the second respondent/Village officer that the said land is in Thandaper No.3721 in the name of deceased Sankaran Achuthan, who is none other than the predecessor in W.P.(C)No. 413 OF20142 interest of the petitioners. When the petitioners approached the second respondent/Village Officer for remitting land tax and also for effecting mutation, the same was refused to be accepted referring to pendency of some civil cases.
3. Heard the learned Government Pleader as well. It is brought to the notice of this Court that the issue is squarely covered by the decision in Sudan vs. State of Kerala ( 2013 (4) KLT563, wherein it is held that pendency of civil suit can never be a bar with regard to the acceptance of land tax, unless specifically restrained from accepting the tax by virtue of any order passed by the Court. Similarly as per the decision in Anwar M. Easa vs. District Collector (2010(1) KLT747, it has been held that land tax can be collected from Thandaper holder during pendency of revenue recovery proceedings.
4. In the said circumstance, the respondents are directed to consider and finalise the issue, since the law is well settled, as per the decisions cited above. The proceedings shall be finalised at the earliest, at any rate, within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of. The petitioners shall W.P.(C)No. 413 OF20143 produce a copy of the judgment along with a copy of the writ petition before the second respondent/Village Officer for further steps. P.R.RAMACHANDRA MENON JUDGE lk