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2022 Supreme(Online)(KER) 19676

HIGH COURT OF KERALA
T. R. Ravi, J
MEENA JACOB – Appellant
Versus
THE TAHSILDAR, UDUMBANCHOLA TALUK – Respondent


Advocates:
M.P.RAMNATH, P.RAJESH (KOTTAKKAL), M.VARGHESE, VARGHESE UMA R.KAMATH, S.SANDHYA, BEPIN PAUL, SHALU VARGHESE, S.DEEPAK, ANTONY THARIAN, K.S AKSHAY MOHAN, GENTLE C.D.

JUDGMENT

Admit. Government Pleader takes notice for respondents 1 and

2. Notice to respondents 3 to 6 was taken out before admission and they have been served, but there is no appearance.

The prayer in the writ petition is for a direction to the respondents 1 and 2 to effect re-transfer of mutation in respect of the Ext.P1 pattayam to the name of the petitioners. The petitioners have along with I.A.No.2 of 2022 produced Ext.P9 proceedings of the 1st respondent wherein it has been stated that the mutation effected and allotted Thandaper No.298A has been cancelled and the earlier Thandaper No.267A has been restored. It is however stated that tax will be received after ascertaining the genuineness of patta. I do not find any justification for a decision on the genuineness of patta, for accepting tax regarding properties covered by Thandaper No.267A.

The writ petition is hence disposed of directing the respondents

1 and 2 to receive basic tax as and when the same is tendered, with respect to the properties covered by Thandaper No.267A, and with regard to which the petitioners have been paying tax as evidenced by Ext.P2. The above direction is without prejudice to the rights if any of the r

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