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High Court of KeralaWP(C)/38534/2015disposed of

Salim @ Sajeev v. The Revenue Divisional Officer

2015-12-18Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 WP(C).No. 38534 of 2015 (N) ---------------------------- PETITIONER(S):

-------------------------- SALIM @ SAJEEV, AGED 36 YEARS, S/O.BHASKARAN, ARUVIKUZHIYIL HOUSE, JELLIPARA P.O., PALAKKAD-678 581.

BY ADVS.SRI.P.N.SANTHOSH, SMT.K.P.GEETHA MANI, SMT.S.KARTHIKA.

RESPONDENT(S):

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

1. THE REVENUE DIVISIONAL OFFICER, OTTAPPALAM, OFFICE OF THE REVENUE DIVISIONAL OFFICE, OTTAPPALAM, PALAKKAD-679 101.

2. THE VILLAGE OFFICER, AGALI VILLAGE OFFICE, AGALI P.O., PALAKKAD-678 581.

BY GOVT. PLEADER SRI.BIJU MEENATTOOR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 38534 of 2015 (N) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1.

TRUE COPY OF THE DOCUMENT NO.1033/2014 DATED 01/09/2014 OF AGALI SRO EXECUTED IN FAVOUR OF THE PETITIONER EXT.P2.

TRUE COPY OF THE JUDGMENT DATED 29/08/2011 IN WP(C).NO.23239/2011 OF THIS HON'BLE COURT.

EXT.P3.

TRUE COPY OF THE PROCEEDINGS DATED 28.12.2010 IN TLA. 1588/87 OF THE REVENUE DIVISIONAL OFFICER, OTTAPALAM. EXT.P4.

TRUE COPY OF THE JUDGMENT DATED 14/09/2015 IN WP(C).NO.27663/2015 OF THIS HON'BLE COURT.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

A. MUHAMED MUSTAQUE, J.

-------------------------------------------------- W.P.(C) No. 38534 of 2015 -------------------------------------------------- Dated this the 18th day of December, 2015

J U D G M E N T

Aggrieved by the non-acceptance of basic tax in respect of the property covered by Ext.P1 document, the petitioner has come up before this Court.

2.

It is submitted that the 2nd respondent refused to accept land tax on the ground that the said property was once belonged to the Scheduled Tribe Community. This Court is of the view that the writ petition can be disposed of directing the 2nd respondent to accept basic tax from the petitioner and to issue possession certificate to the petitioner on request. It is hereby made clear that this will be subject to any initiation of the proceeding by the official respondents in accordance with the law for violation of any law.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bka/18.12.2015