Mahesh v. The Village Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 5TH DAY OF AUGUST 2015/14TH SRAVANA, 1937 WP(C).No. 22892 of 2015 (J) ---------------------------- PETITIONER :

-------------------- MAHESH S/O.KRISHNANUNNI PANIKKAR, AGED 40 YEARS, KALARIKKAL HOUSE PADUR P.O., ALATHUR TALUK, PALAKKAD DISTRICT.

BY ADVS.SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S) :

----------------------------

1. THE VILLAGE OFFICER KODUMBU VILLAGE, KODUMBU P.O., PALAKKAD-678 105.

2. THE TAHASILDAR TALUK OFFICE, PALAKKAD-678 101.

R1 & R2 BY GOVT. PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 22892 of 2015 (J) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1TRUE COPY OF DOCUMENT NO.7932/2006 OF SRO, PALAKKAD. EXT. P2TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED ON 3.1.2007 ISSUED BY THE FIRST RESPONDENT.

EXT. P3TRUE COPY OF THE LAND TAX RECEIPT.

EXT. P4TRUE COPY OF THE NOTICE ISSUED BY THE DISTRICT REGISTRAR. EXT. P5TRUE COPY OF THE FINAL ORDER ISSUED BY THE DISTRICT REGISTRAR.

EXT. P6TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 22892 of 2015 (J) ------------------------------------------ Dated this the 5th day of August, 2015

J U D G M E N T

The petitioner is aggrieved with the fact that the petitioner's land tax has not been received nor has the possession certificate been issued.

2.

The learned Government Pleader, on instructions, submits that there is a land ceiling proceedings against the previous owner, which could be proceeded against the said land. That, however, need not deter the respondent from accepting the land tax, by a person who is willing to pay the same. The acceptance of land tax from the petitioner will not absolve the property or the petitioner from the ceiling proceedings.

W.P.(C) No. 22892/2015 -23.

In such circumstance, the land tax shall be accepted and so shall the possession certificate be issued, but, however, noticing the ceiling proceedings by way of an endorsement in the receipt of acceptance of tax as also the possession certificate.

Writ petition is disposed of.

Sd/- K.VINOD CHANDRAN, JUDGE jjj