2025:KER:26469 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 33659 OF 2016 PETITIONERS: 1 GIJO PIOUS AGED 46 YEARS, S/O LATE PIOUS, AVITTAMPILLI VEETIL, AIMS PONEKKARA P.O, PIN 682 041, EDAPPALLY NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 2 GIGI MARIA ALIAS GIGI SAJI AGED 41 YEARS, D/O LATE PIOUS, W/O SAJI JOSEPH, ANJIPARAMBIL, KADAVANDRA P.O, PIN 682 020, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADVS. SRI.JOHNSON ABRAHAM SRI.NELSON ABRAHAM RESPONDENTS: 1 THE VILLAGE OFFICER, EDAPPALLY NORTH VILLAGE EDAPPALLY NORTH VILLAGE, EDAPPALLY PIN 682 024, 2 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, FORT KOCHI 682 001. 3 TAHASILDAR KANAYANNUR TALUK OFFICE, ERNAKULAM PIN 682 011. 4 THE SECRETARY CORPORATION OF COCHIN, ERNAKULAM PIN 682 011. W.P.(C) No.33659 of 2016 2 2025:KER:26469 BY ADVS. GOVERNMENT PLEADER SRI.K.ANAND, SC, COCHIN CORPN. K. JANARDHANA SHENOY FOR R4 OTHER PRESENT: R1 TO 3 - SMT.RASHMI.K.M,SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.33659 of 2016 3 2025:KER:26469 P.M. MANOJ, J ------------------------------ W.P.(C) No.33659 of 2016 -------------------------------------------------- Dated this the 26th day of March, 2025 JUDGMENT The writ petition has been filed, being aggrieved by the non- acceptance of tax by the Village Officer for the land adjacent to the petitioners’ patta land. For that purpose, Ext. P5 was issued to the petitioners, stating that the land attached to the patta land is puzha puramboke land and that, tax can be accepted only after ascertaining and segregating it from the patta land. 2. In Ext.P5, it is already stated that this fact has been reported to the higher authorities after conducting a site inspection, and that a report was sought from the Kanayannur Tahsildar by the Revenue Divisional Officer. This fact has also been reported in the counter affidavit, however, any further proceedings occurred pursuant to Ext.P5 was not reported. Under such circumstances, there will be a direction to the 2nd respondent to complete the proceedings with respect to the W.P.(C) No.33659 of 2016 4 2025:KER:26469 identification of puzha puramboke land and the segregation of the petitioners’ property from the puzha puramboke and thereafter, issue necessary directions to the 1st respondent to accept tax with respect to the patta land, if it is not possible with respect to the adjacent land which is stated to be puzha puramboke. The entire exercise shall be completed within a period of three months from the date of receipt of a certified copy of this judgment. Sd/- P.M.MANOJ JUDGE sss W.P.(C) No.33659 of 2016 5 2025:KER:26469 APPENDIX OF WP(C) 33659/2016 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT NO 4284610 DATED 19-05-2014 ISSUED FROM EDAPPALLY NORTH VILLAGE OFFICE IN THANDAPER ACCOUNT NO 8749 TO THE PETITIONERS. EXHIBIT P2 TRUE PHOTOCOPY OF THE SALE DEED NO 2900/2014 SRO, EDAPPALLY EXECUTED BY THE PETITIONERS EXHIBIT P3 TRUE PHOTOCOPY OF THE SALE DEED NO 3018/2014 SRO, EDAPPALLY EXECUTED BY THE PETITIONERS. EXHIBIT P4 TRUE PHOTOCOPY OF THE WRITTEN REQUEST FOR ACCEPTANCE OF THE LAND TAX DATED 09-08- 2016 SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT. EXHIBIT P5 TRUE PHOTOCOPY OF THE REPLY DATED 12-08- 2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6 TRUE PHOTOCOPY OF THE SURVEY SKETCH IN RESPECT OF PROPERTIES IN SY NO 132/9A & 132/9B OF EDAPPALLY NORTH VILLAGE.