IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
MUHAMMED SAKARIYA K.T., HUSSAIN – Appellant
Versus
THE DISTRICT COLLECTOR, THE THAHSILDAR, THE VILLAGE OFFICER, IBRAHIM KUTTY K.T. – Respondent
JUDGMENT
Petitioners are aggreived by Exts.P4 and P5 communications issued by the Tahsildar and Village Officer respectively, refusing to accept tax in respect of their property.
2. Heard the learned counsel for the petitioners, the learned senior Government Pleader on behalf of respondents 1, 2 and 3 and also the learned counsel for the 4th respondent.
3. Learned counsel for the petitioners would submit that the findings in Exts.P4 and P5 to the effect that the petitioners and the 4th respondent are claiming title over the same property is baseless. The petitioner’s property is comprised in old survey no.612 and re-survey no.655/9; whereas, the 4th respondent’s property is comprised in old survey nos. 617, 616 etc. and re-survey no. 657/5. Both in respect of the old Survey number and re-survey number, the properties differ, wherefore, the finding in Ext.P4 that the property is one and the same is grossly illegal. The stand reflected in Ext.P5 that the petitioners can remit tax only after the matter is decided by a Civil Court, is also illegal, inasmuch as nobody has approached the Civil Court and there exists no civil dispute as on date. The petitioners seek Exts.P4 and P5 to be se
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