LAWS(KER)-2014-8-146

K.K.VASANTHA Vs. A.V.MUHAMMED ASHRAF

Decided On August 18, 2014
K.K.Vasantha Appellant
V/S
A.V.Muhammed Ashraf Respondents

JUDGEMENT

(1.) HEARD learned counsel for the appellant as well as learned counsel for the private respondents.

(2.) THIS writ appeal has been filed against the order dated 2.6.2014 passed by the learned Single Judge in Review Petition No.329 of 2014. The Writ Petition was filed by the appellant being writ petition No.9910 of 2014. In the Writ petition, the appellant has prayed for a direction to conduct an inquiry as per Ext.P7.

(3.) THE Writ petitioner has filed this appeal against the said review order. Learned counsel for the appellant submits that learned single Judge ought not have made the result of the order on Ext.P7 subject to the result of the suit. He submits that the suit has been filed only in the year 2012. From the materials on record it appears that Ext.P7 submitted by the appellant was with regard to the mutation/entries in the Tax Register. Learned Single Judge directed a decision to be taken on Ext.P7, which was a complaint of the petitioner against the mutation/entries. The Original Suit filed by the fourth respondent is for injunction on the basis of title. It is well settled that entries in the Tax Register are only for fiscal purpose and that cannot control the determination of title by the competent civil court. The observations of learned Single Judge in the review petition are in accordance with the proposition of law. We do not find any error in the order passed in review petition. We further observe that parties are at liberty to raise all their pleas which are available, both in the proceedings consequent on Ext.P7 as well as in the suit. With these observations the writ appeal is dismissed.