The petitioner claims title as referable under

Exts.P5 to P9. This was the subject matter of the

civil suit and the Receiver appointed also handed over

possession to the petitioner. The first respondent-

Village Officer himself was the Receiver.

2. The present dispute is in regard to the

acceptance of basic tax. As seen from the proceedings

of the Additional Tahsildar, Vadakara produced as

Ext.P13 dated 30.10.2014, it was decided to accept the

tax after hearing the petitioner as well as correcting

resurvey records. Since there was no follow-up

proceedings, the petitioner approached this Court.

3. Along with the counter affidavit filed by the

second respondent, it is stated that by Ext.R2(a), the

Tahsildar had rejected the request. It is apparent

that the decision was taken without notice to the

petitioner. Further, in the light of the fact that the

petitioner was paying basic tax as evident from

Exts.P1 to P3 and the petitioner's title is fortified

by Exts.P5 to P9 and also in the light of the fact

that the Village Officer had already handed over

possession, the Tahsildar could not have passed such

WP(C).No. 8949/2016 3

an order. Necessarily, effective steps shall be taken

by the Tahsildar to identify and locate the property

based on the report of the Village Officer-first

respondent in handing over possession and also with

reference to Exts.P5 to P9 within a period of three

months. Needless to say that the petitioner shall

also be heard before taking a decision. On conclusion

of the proceedings, necessarily, basic tax shall be

accepted from the petitioner. If sub division is

required in this matter, that shall also be done by

the Tahsildar.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

ln

WP(C).No. 8949/2016 4

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1

TRUE COPY OF THE BAISC TAX RECEIPT FOR 1979-80.

EXHIBIT P2

TRUE COPY OF THE BAISC TAX RECEIPT FOR 2008-09.

EXHIBIT P3

TRUE COPY OF THE BOOK NO.1485 FOR PAYMENT OF

BASIC TAX FOR THE PERIOD BEGINNING FROM 1980-81

TO 1985-85.

EXHIBIT P4

TRUE COPY OF THE THUMBANIL SKETCH.

EXHIBIT P5

TRUE COPY OF THE ORDER BY SUB DIVISIONAL

MAGISTRATE, KOZHIKODE IN MC 156/1986 DATED

31/5/1995.

EXHIBIT P6

TRUE COPY OF THE JUDGMENT BY MUSIFF

COURT,PAYYOLI IN OS 81/1995 DATED 31/1/1998.

EXHIBIT P7

TRUE COPY OF THE DECREE BY MUSIFF COURT,PAYYOLI

IN OS 81/1995 DATED 31/1/1998.

EXHIBIT P8

TRUE COPY OF THE JUDGMENT BY ADDL. SESSIONS

JUDGE, VATAKARA IN AS 40/1998 DATED 30/9/2005.

EXHIBIT P9

TRUE COPY OF THE DECREE BY ADDL. SESSIONS JUDGE,

VATAKARA IN AS 40/1998 DATED 30/9/2005.

EXHIBIT P10

TRUE COPY OF THE LETTER TO THE 2ND RESPONDENT

AND COPY OF THE 1ST RESPONDENT BY THE PETITIONER

DATED 29/9/2014.

EXHIBIT P11

TRUE COPY OF THE ACKNOELDGEMENT BY THE 2ND

RESPONDENT DATED 30/9/2014.

EXHIBIT P12

TRUE COPY OF THE ACKNOELDGEMENT BY THE 1ST

RESPONDENT DATED 30/9/2014.

EXHIBIT P13

TRUE COPY OF THE REPLY BY THE 2ND RESPONDENT TO

THE WRIT PETITIONER DATED 30/10/2014.

EXHIBIT P14

TRUE COPY OF THE PLAN ISSUED BY THE 1ST

RESPONDENT.

EXHIBIT P15

TRUE COPY OF THE REQUEST TO 1ST AND 2ND

RESPONDENTS BY PETITIONER DATED 25/3/2015.

WP(C).No. 8949/2016 5

RESPONDENTS EXHIBITS:

EXHIBIT R2(A) : TRUE COPY OF LETTER DATED 29.05.2015.

//TRUE COPY//

P.A.TO JUDGE