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Judgment
P.V.Kunhikrishnan, J
The above writ petition is filed with following prayers :
“i) Issue a writ of mandamus or any other appropriate writ order or direction directing or compelling the 2nd respondent to expedite proceedings in proceeding No.A4048/2013 instituted by the 1st respondent after hearing the petitioners also within a time frame.
ii) Issue a writ of mandamus or any other appropriate writ order or direction directing or compelling the 4th respondent to accept tax from the petitioners and issue possession certificate with respect to the properties in dispute in proceedings No.A4048/2013 pending before the RDO, Ottapalam considering the fact that they are the actual owners of the property.
iii) Issue such other order/direction as this Hon'ble Court deems fit and proper under the circumstances of this case.” [sic]
When this writ petition came up for consideration on 26.07.2016, this Court passed the following order :
“Admit.
Issue notice to the respondents.
There will be a direction to the fourth respondent to collect provisionally the basic tax, in respect of property covered by Exts.P1 to P3 from the petitioners.” [sic]
This Court directed the 4th respondent to collect provisionally the basic tax in respect of the property covered in Exts.P1 to P3 from the petitioners. Simply because the tax is collected, the petitioners will not get title. A counter affidavit is filed by the 2nd respondent in which it is stated that the 2nd respondent is adjudicating the case as per the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999 (KST Act) and the final conclusion regarding the title has not been reached so far. Therefore, the payment of tax by the petitioner based on the interim order will be subject to the final decision of the 2nd respondent as stated in paragraph 16 of the counter affidavit. The interim order passed by this Court is made absolute, subject to the above observation.
With the above observation, this writ petition is disposed of.