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Judgment
Justice T.R. Ramachandran Nair
The petitioners are seeking for a direction to the respondent to accept the basic tax and issue possession certificates in respect of their properties. The first petitioner claims ownership of about 75 cents of land in various survey numbers based on Exhibit P1 registered sale deed dated 4.1.2008. The 2nd petitioner is claiming ownership and possession by way of Exhibit P2 registered sale deed and the property is having an extent of 2.25 acres. It is stated that the properties were purchased from a common assignor, namely one B. Mumthaj Beegum. She obtained the property as one of the legal heirs of her deceased father. The late father of the said assignee had obtained the property by way of filing a suit and the decree namely, O.S. No. 49/85 of Sub Court, Palakkad. The assignee had filed a suit for partition as O.S. No. 335/93 in respect of the share allotted to her father and obtained separate possession of the properties in question by virtue of decree passed therein and by filing E.P. No. 114/96 and the property was delivered on 2.6.2006.
According to the petitioners after the purchase of the property, they applied for getting possession certificate, for payment of basic tax, etc. and failing to get any positive action in the matter, they applied under the Right to Information Act as per Exhibit P3 and P4. Replies were given as per Exhibits P5 and P6. As required in Exhibits P5 and P6, the petitioners have explained various aspects by Exhibits P7 and P8.
The learned Government Pleader on getting instructions submitted that for failure to get any final action in respect of the applications filed under the Right to Information Act, the petitioners'' remedy is to approach the appellate authority. But the learned counsel for the petitioners submitted that the petitioners had only sought information under the Right to Information Act with regard to the fate of the applications and the petitioners will be satisfied if the respondent is taking action in accordance with law for accepting basic tax and for issuing possession certificates. The learned counsel for the petitioners further submitted that since the property has been delivered pursuant to the decree for partition obtained by the assignor, the same can be verified by the Village Officer with reference to the records of the said case, which the petitioners have already furnished. Therefore, on the petitioners filing proper applications for effecting mutation, for accepting basic tax and for issuance of possession certificates, the respondent will conduct due enquiry and finalise the action thereon within a period of six weeks from the date of production of the applications. The petitioners will produce certified copy of this judgment along with copy of the Writ Petition for compliance.
The Writ Petition is disposed of as above.