ABDUL RASAK K.C. Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows:

(2.) Heard Sri M. Muhammed Shafi, learned counsel for the petitioner and Sri Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents.

(3.) According to the petitioner he is in possession and ownership of 3.035 ares of land property comprised in Re. Sy. No. 2/3 of Vavad Village in Thamarassery Taluk, Kozhikode Revenue District, which the petitioner had obtained from his father as per Ext. P-1 settlement deed No. 113/2013 dated 7.1.2013 of S.R.O., Koduvally. His father had acquired the said property on the basis of registered partition deed No. 2117/1974 executed between his siblings and mother. It is stated that the property was earlier duly mutated in the name of his father and basic land tax was also accepted from him. After the execution of registration of Ext. P-1 registered settlement deed, the petitioner had approached the 4th respondent-Village Officer for grant of mutation and for acceptance of basic land tax in respect of the said property with all the relevant documents. But so far no effective action has been taken thereof by the 4th respondent. Now the petitioner's application for building permit by the local body authority citing the absence of receipt for payment of basic land tax with respect to the property. Again the petitioner was constrained to approach the 4th respondent. But no effective action whatsoever has been forthcoming and the matter has been indefinitely delayed. The petitioner has then made Ext. P-2 representation before the 3rd respondent requesting him to direct the 4th respondent to grant mutation and acceptance of basic land tax.