The petitioner claims to be the owner ship and possession of of 80.94 Ares of property in Survey No.540 part of Pallivasal Village as per proceedings in LA No.402/93 of the Special Tahsildar (LA), Devikulam. The petitioner claims that she has been issued with Patta No.13882/ dated 19.1.1994. Petitioner has approached this Court on account of the non-acceptance of basic tax in respect of the property covered in Ext.P1. 2. Counter affidavit has been filed in this matter. It is stated in the counter affidavit that one Smt.K.T.Nachamma has filed a petition before the 2nd respondent stating that the above patta is bogus and issued under mistake of facts and hence she requested to cancel the said patta bearing number LA-402/93.
3. The petitioner relies on Ext.P4 report of the 3rd W.P.(C).No.17824 of 2014
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respondent and submits that after enquiry conducted by the revenue officials the petitioner is found to be possession of the property and there is no reason for refusing tax to the petitioner.
In view of the pendency of the petition filed by Nachamma before the 2nd respondent, I am of the view that the 2nd respondent Sub Collector shall take a decision in the matter after affording an opportunity of hearing to the petitioner and Smt.Nachamma. The Sub Collector shall conduct an enquiry into the matter regarding possession of property claimed by the petitioner with the assistance of Taluk Surveyor and pass appropriate orders on the petition filed by Smt.Nachamma. If it is found petitioner is in possession of the property with valid patta, necessarily the basic tax shall be accepted from the petitioner. The acceptance of basic tax is depend upon the order to be passed by the Sub Collector in the matter. Needful shall be done within a period of three months from the date of receipt of a copy of this judgment.
Writ petition is disposed of.
A.MUHAMED MUSTAQUE, JUDGE jm/