MUSLIN EDUCATION SOCIETY (REGD.) CALICUT AND OTHERS Vs. CHIEF SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF KERALA AND OTHERS

JUDGEMENT

(1.) First petitioner is a registered society established allegedly for the purpose of advancement of education to the general public, especially for the members of the Muslim community. Second petitioner is an English Medium School established in the year 1993 in the property of the 1st petitioner. According to the petitioners, 1st petitioner was remitting land tax for the entire extent of land owned and possessed by the 1st petitioner. In the year 2010, 4th respondent unilaterally reduced an extent of 36.8 Ares of land from the total exent of property held by the 1st petitioner and thereafter, refused to accept tax for the said 36.8 Ares of land.

(2.) By the order of the Thiruvananthapuram Thaluk Land Boad, it is clear that, petitioners' land is not included in the excess land. Now by Ext.P5 order, Government have assigned the alleged excess land to the respective land holders itself, neither permits the petitioners to remit the land tax for the extent of 36.8 Ares of property nor has assigned the land. Petitioners claim benefit of possession of the property held by the 1st petitioner on the basis of Ext.P6 order passed by the District Collector dated 13.8.2015. According to the petitioners, the property held by the 1st petitioner is not included in the excess land in accordance with the provisions of Kerala Land Reforms Act. Therefore, petitioners are entitled to get the land tax accepted without any reservations. It is also contended that, all through out 1st petitioner was in possession of the property in question. It is thus seeking appropriate directions, this writ petition is filed.

(3.) Heard learned counsel for petitioners, learned Senior Government Pleader and perused the pleadings and documents on record.