IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 20099 of 2007(P)
1. KASI MANGALATH ILLATH NARAYANAN
... Petitioner
Vs
1. VILLAGE OFFICER,
... Respondent
2. TAHSILDAR,
3. THE DISTRICT COLLECTOR,
4. STATE OF KERALA, REP. BY
5. NANICHERI VEETTIL GOVINDAN NAIR,
For Petitioner :SRI.CIBI THOMAS
For Respondent :SRI.M.SASINDRAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :02/11/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 20099 OF 2007 P
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Dated this the 2nd day of November, 2007
J U D G M E N T
Ext.P7 is an order passed by the 2nd respondent declining to
accept property tax from the petitioner for the reason that there
is a civil dispute pending between the petitioner and the 5th
respondent. It is true that as noted by the 2nd respondent, OS
90/06 filed by the petitioner is pending in Munsiff’s Court,
Payyannur. However, that need not stand in the way of the 2nd
respondent accepting the property tax from the petitioner so long
as the property stands in the name of the petitioner himself. If
as a matter of fact, there is a suit and the suit is ultimately
decided against the petitioner, the parties to the suit would be
governed by the said judgment. But until such a judgment is
rendered, petitioner is entitled to pay tax in respect of the
property in his name. Therefore, if the petitioner tenders property
tax in respect of the property in his name, the same shall be
accepted by the 2nd respondent.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE.
Rp
