IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35548 of 2008(F)
1. GRACY, 41 YEARS, W/O. JOSE,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE KERALA STATE FINANCIAL
3. THE VILLAGE OFFICER,
4. P.D. JAISON, MARIAN PLASTICS,
For Petitioner :SRI.A.F.SEBASTIAN
For Respondent :SRI.M.M.SAYED MUHAMMED, SC, KFC
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :06/01/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 35548 OF 2008 (F)
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Dated this the 6th day of January, 2009
J U D G M E N T
Petitioner submits that she is the owner of 2 acre 92.5 cents of land
in Sy.No.77/176/1 of Pananchery Village. The property is mortgaged to the
KFC. In this writ petition all that the petitioner complains is that the 3rd
respondent is not accepting the tax in respect of the property and that an
application for a possession certificate has been made and that also has
not been issued. The reason according to the petitioner is that on the
basis of the mortgage executed in its favour, KFC has initiated recovery
proceedings against the property.
2. Now that the petitioner only wants that tax in respect of the
property should be accepted and that the possession certificate is issued, I
am inclined to dispose of this writ petition with the following directions.
3. That irrespective of the recovery proceedings that has been
initiated by the 3rd respondent, the petitioner being the owner of the
property, the 3rd respondent shall accept tax in respect of the property. So
long as the petitioner is in possession of the property, his application for
possession certificate is also liable to be considered by the 3rd respondent.
If the petitioner has made any such application in this behalf, necessary
WPC 35548/08
:2 :
orders shall be passed considering the same.
Petitioner may produce a copy of this judgment before the 3rd
respondent for compliance.
ANTONY DOMINIC, JUDGE
Rp