IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 29862 of 2007(E)
1. SHOBANA,D/O. MADASWAMY,
... Petitioner
Vs
1. STATE OF KERALA TO BE REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT
3. SUB COLLECTOR, DEVIKULAM.
4. TAHSILDAR, DEVIKULAM TALUK,
5. VILLAGE OFFICER,
For Petitioner :SRI.N.M.VARGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :19/10/2007
O R D E R
ANTONY DOMINIC, J
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W.P.(C). 29862/2007
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Dated this the 19th day of October, 2007
JUDGMENT
The petitioner who has purchased a property in
terms of Ext.P1 has approached this Court on account of
the refusal of the respondent to accept the Basic tax. It is
seen that the petitioner has produced in support of her
contention, the non encumbrance certificate, Ext.P3
receipt for payment of tax for the previous year and also
evidence of receipt of amounts towards additional stamp
duty. Despite all these, it is contended by the petitioner
that the tax is not accepted by the respondents now,
although the property stands in the name of the petitioner
and mutation has also been effected.
2. I see no justification for the respondents to
refuse acceptance of basic tax. If any suit is pending
between private parties that is a matter to be decided
between them and the State need not await for its
outcome for acceptance of tax which cannot cause any
prejudice to the litigants.
3. Therefore, I dispose of this writ petition with a
direction that the request made by the petitioner in
W.P.(C).29862/2007
2
Ext.P7 before the second respondent shall be considered
and orders thereon passed in the light of what is stated
above.
ANTONY DOMINIC
Judge
mrcs