IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7637 of 2008(H)
1. T.V.JOSEKUTTY, AGED YEARS
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
2. THE TAHSILDAR, THALUK OFFICE
3. THE VILLAGE OFFICER
For Petitioner :SRI.MANJERI SUNDERRAJ
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :24/11/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 7637 of 2008 H
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Dated this the 24th day of November, 2010
J U D G M E N T
Case of the petitioner is that as decree holder in
O.S.No.795/1993, the petitioner purchased the judgment
debtor’s immovable property, in the court auction held. It is
his case that subsequently, he was also issued Ext.P3 sale
certificate and the property was also delivered to him.
Petitioner further states that in pursuance to the above, he is
in possession of the property having an extent of 45 cents and
situated in survey No.159/5(R.S.No.117/3) of Parambathkavu
amsom and desom, Koduvally, Kozhikode Taluk. Case of the
petitioner is that despite the above, tax is not accepted.
2. If as stated by the petitioner, he is the owner and
the property has been mutated, there is no reason why tax is
not accepted from the petitioner. Similarly, there is also no
reason why a possession certificate is issued if the petitioner
is in possession of the property. Though this writ petition was
W.P.(C) No.7637/08
: 2 :
admitted way back on 06-03-2008, there is no counter
affidavit filed by the respondents. Learned Government
Pleader submits that despite repeated communications,
instructions also have not been furnished.
3. Thus, the allegations in the writ petition stand
uncontraverted.
In that view of the matter, I dispose of the writ petition
directing that if the petitioner remits tax in respect of the
property mentioned above, that will be accepted and the
petitioner will also be issued possession certificate if an
application for that purpose is made by the petitioner.
(ANTONY DOMINIC, JUDGE)
aks