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2023 Supreme(Online)(KER) 1783

HIGH COURT OF KERALA
Murali Purushothaman, J
T.K.NISHA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
V.RAMKUMAR NAMBIAR, K.ABOOBACKER SIDHEEQUE, R.MAHESH VARMA, DEEPA V.

JUDGMENT

The Petitioners who are co owners of an extent of 17 cents of land in R.S.No:149/1 of Chirakkal village, Kannur Taluk have filed this Writ Petition Challenging the action of the 3rd respondent in not accepting land tax in respect of the said property on the ground of order of injunction in a civil suit filed by the 4th respondent. As directed by this Court, the petitioner has produced the copy of the order of injuction in O.S.No.120/2022 on the files of the Munsiff's Court, Kannur along with I.A.No 1 of 2023. By the said order, the petitioners have been injuncted from trespassing into the plaint schedule property and committing any waste therein.

2. Heard the Counsel for the petitioners, the learned Government Pleader and the learned counsel for the 4th respondent.

3. By the order in IA No: 2/2022 in OS No :

120/2022, the petitioners have been restrained from trespassing into the plaint Schedule Property and from committing any act of waste therein. There is no prohibition therein for the petitioners in remitting land tax in respect of the property covered by Exts.P1 and P3. Accordingly, there will be a direction to the 3rd respondent to accept land tax from the petitioners, p

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