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2010 Supreme(Ker) 394

S.SIRI JAGAN
Hazeena – Appellant
Versus
Tahsildar – Respondent


Advocates Appeared:For the Petitioner:Alexander George, Advocate. For the Respondents:S.P. Aravindakshan Pillay, Advocate.

Judgment :

1. The 4th respondent obtained 44 cents of land by Ext.P4 certificate of purchase issued under the Kerala Land Reforms Act, by the Pattambi Land Tribunal-I. Out of those 44 cents, the 4th respondent settled 10 cents in favour of his son Pramod. Then by subsequent transactions, the husband of the petitioner became the owner in possession of the said 10 cents. The petitioner's husband executed Ext.P1 sale deed in favour of the petitioner. Thus the petitioner became the owner of 10 cents of property in survey No.3/12 of Muthuthala Village. According to the petitioner, after purchase by the petitioner's husband and even prior that, land tax was being accepted from the land holder. But when the petitioner approached the 2nd respondent for paying tax, the 2nd respondent refused to accept tax on the ground that the property has been mortgaged to the 3rd respondent-Pattambi Service Co-operative Bank. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs;

"(a) To call for the records leading to this case and peruse the same.

(B) Issue a writ of mandamus or any other appropriate writ, direction or order, directing respondent







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