The petitioner claims to be in possession of the property in Sy.No.62/28A of KDH village of Devikulam Taluk. The petitioner approached this Court on account of non acceptance of the land tax.
2. In this matter, a counter affidavit has been filed by the first respondent. It is stated that an extent of 60 acres and 87 cents of property is comprised in survey number 6/28A in KDH village of Devicolam Taluk. An extent of 11 Acres and 96 cents is recorded as road and thodu puramboke. As the land in Survey No.62/28A is Government land, the patta cannot be issued in the same survey number. Therefore, a detailed enquiry is essential to prove the genuineness of the patta. In view of the above, the petitioner's request for acceptance of land tax cannot be acceded to. The petitioner claims the right to pay basic tax based on the patta. The W.P.(c).No.2768 of 2014 : 2 : genuineness of the patta has to be enquired into. However, that will not debar the petitioner from paying the basic tax. The respondents can accept the basic tax. Acceptance of land tax from the petitioner will be made subject to the result of the enquiry being conducted to prove the genuineness of the patta .
3. With the above liberty, there shall be a direction to the respondents to accept the basic tax from the petitioner in respect of the property situated in Sy. No.62/28A in KDH village of Devicolam Taluk.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, Judge.