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 filed as R.S.A.No.166/2007 was also dismissed as per Ext.P4 judgment. By virtue of Will executed by the father of the petitioner, the property covered by Ext.P1 was bequeathed to the petitioner and the petitioner filed E.P. No.19/2020 before the Munsiff Court, Chittur to execute Ext.P3 decree. Later, the B schedule property was delivered to the petitioner through Ameen with the assistance of the 2nd respondent, as is evident from Ext.P5. Despite all these, the 2nd respondent neither collected the basic tax nor issued possession certificate in respect of the B schedule property. In the said circumstances the petitioner has submitted representation before the 2nd respondent requesting to collect basic tax and to issue possession certificate in respect of the B schedule property and the said request was declined by the 2nd respondent. It is aggrieved by the same, the petitioner has approached this Court.

3. A statement has been filed by the 1st respondent, wherein paragraph 5 reads as follows:

“5. The petitioner filed an E.P. as 19/2020 before the Chittur Munsiff Court for effecting delivery of 10.5 Cents in Re. Sy. No.9/9 (Old Sy. No. 199/5C) in Block 20 of Muthalamada-1 Village. The land owner is "Kerala Sarkar" as per the Re. Sy. BTR. The petitioner has submitted an application dated 03.01.2023 before this respondent for remitting land tax for the above 10.5 Cents of land. The 2nd respondent, Village Officer has submitted a report about the status of land. Since the land owner is Kerala Sarkar and the total land is an extent of 0.3750 Hectares as per Village Re.Sy. Records, it is to be subdivided in the name of the petitioner. This work is done by the Taluk Surveyor of this office. The work is under progress. Moreover, this respondent has given letter to the Secretary, Grama Panchayath, Muthalamada to inform us whether there is any appeals pending from the part of the Panchayat in this matter. It is hopeful that on receiving the report from the Secretary, this issue will be settled.”

The stand of the 1st respondent in the statement is that steps have been taken to finalise the proceedings and since the land is still shown as Government Land as per the Village re-survey records, the property has to be subdivided in the name of the petitioner and that the said proceedings could be finalised within a period of one month from the date of receipt of a copy of this judgment.

Therefore, the writ petition is disposed of directing respondents 1 and 2 to finalise the proceedings regarding the subdivision of the property in the name of the petitioner within a period of one month from the date of receipt of a copy of this judgment. On finalisation of the proceedings, the respondents shall take steps to receive basic tax from the petitioner and also to issue neces