VILLAGE OFFICER Vs. CHUNAYAMAKKAL JOSEPH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23/11/2017 passed by the High Court of Kerala at Ernakulam in Writ Appeal No. 29/2011, by which the Division Bench of the High Court has dismissed the said appeal preferred by the appellants herein and has not interfered with the judgment and order dated 08/07/2010 passed by the learned Single Judge of the High Court in Writ Petition (C) No.11252/2008, by which the learned Single Judge directed the appellants herein to accept the basic tax from the respondents herein - original writ petitioners under the provisions of the Kerala Land Tax Act, 1961 (hereinafter referred to as the '1961 Act') with respect to the lands in question, the Village Officer, Kannur District, Kerala and others have preferred the present appeal.

(2.) The facts leading to the present appeal in a nutshell are as under:

(3.) Learned counsel appearing on behalf of the appellants has vehemently submitted that both, the Division Bench of the High Court as well as the learned Single Judge of the High Court have not appreciated that the disputed land in question is vested with the forest department and it is a private forest land for which a notification has been issued as far back as in the year 1975 and therefore there is no question of accepting any basic tax from the respondents herein.