JUDGMENT

The petitioner has approached this Court seeking a direction to the 2nd respondent to collect basic tax and issue possession certificate to the petitioner in respect of 10.5 cents of land which comprised in Re.Sy. No.199/5C, Muthalamada-I Village, Chittur Taluk, Palakkad District, covered by Ext.P3 judgment.

2. The petitioner submits that his father purchased an extent of 63 cents of land comprised in Re. Sy.No.199/5C, Muthalamada-I Village, Chittur Taluk, Palakkad District by virtue of Ext.P1 sale deed. The basic tax was paid by the petitioner in respect of the said property as is evident from Ext.P2 land tax receipt. The property on the western side was purchased by the Muthalamada Panchayat, which used to be separated by a small varamba, since 1984. The Panchayat while constructing a compound wall, encroached into the property of the petitioner at a distance of 12 feet east from the original boundary. Thereupon the petitioner's father filed O. S. No.352/1984 before the Munsiff Court, Chittur seeking mandatory injunction and the said suit was decreed as per Ext.P3. Though an appeal was filed as A.S. No.392/2001, Ext.P3 judgment & decree was confirmed and the second appeal