KUNHI MOIDEEN Vs. VILLAGE OFFICER, CHUZHALI VILLAGE

JUDGEMENT

(1.) According to the petitioner, petitioner is the owner of 0.2900 hectors (73 cents) of landed property in Re.Sy.No.241/1 of Chuzhali Amsom and Desom, Taliparamba Taluk as per Ext.P1 partition deed.

(2.) The case projected by the petitioner is that, up to 2006-2007, 1st respondent had received basic tax for the land from the petitioner, evident from Exts.P2 and P3 tax receipts. Thereafter, 1st respondent refused to accept tax from the petitioner without assigning any reason. Therefore, petitioner had submitted a petition before the 2nd respondent, ie, Tahsildar, Taliparamba Taluk, requesting to issue a direction to the 1st respondent to accept tax. According to the petitioner, the 2nd respondent had directed the 1st respondent to accept tax from the petitioner as per Ext.P4 notice. Thereafter, even though, petitioner had approached the 1st respondent and requested to accept tax, nothing fruitful has worked out, which necessitated the petitioner to approach this court by filing this writ petition.

(3.) A detailed counter affidavit is filed by the 3rd respondent refuting the allegations and claims and demands raised by the petitioner. Among other contentions it is stated that, going by the Basic Tax Register maintained in the Village Office, the above land is registered in the name of the petitioner and basic tax was collected from the petitioner up to 2006-2007. During 2006-2007, a dispute was raised by Sri.P.V.Narayanan, Smt.Saitarakath Rukhiya and Keereerakayth Musthafa with respect to the possession and enjoyment of the said property which the said persons claimed to be with them. Based on the above complaint, the Tahsildar, Thaliparamba, directed the Village Officer, Chuzhali to conduct an enquiry with respect to the possession of the petitioner in the property covered by Ext.P1 partition deed.