IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1662 of 2008()
1. P. SIVANANDAN, KANJIRATHUPARAMBU,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. THE COMMISSIONER FOR REVENUE,
3. THE DIRECTOR OF VIGILANCE INVESTIGATION,
4. THE DISTREICT COLLECTOR, ALAPPUZHA.
5. TAHSILDAR, AMBALAPPUZHA TALUK,
6. MR.MATHEW JOSEPH, S/O. OUSEPH,
7. ASSISTANT DIRECTOR, RESURVEY CHENGANNUR.
8. THE CHIEF ENGINEER, NATIONAL HIGHWAY,
For Petitioner :SRI.T.P.KELU NAMBIAR (SR.)
For Respondent :GOVERNMENT PLEADER
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :07/07/2009
O R D E R
S.R.BANNURMATH, C.J. &
KURIAN JOSEPH,J.
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W.A.No.1662 of 2008
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Dated this the 7th day of July, 2009
JUDGMENT
S.R.Bannurmath,C.J.
Aggrieved by the judgment of the learned single
Judge dated 28-3-2008, the writ petitioner has approached
this court in the present appeal. The appellant-petitioner
had taken loan from the Industries Department and for
non-payment of the same, recovery proceedings under the
Kerala Revenue Recovery Act was initiated and in the year
1975 a portion of the land to an extent of 38.50 cents out
of 56 cents was proposed to be sold in public auction and
for want of bidders the sale was concluded on behalf of the
Government itself. Nearly two decades thereafter, that is
in the year 1994, the appellant has filed the present
representation Ext.P4 requesting restoration of possession
W.A.No.1662 of 2008
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of the entire land on realisation of the entire arrears due from
him. Noticing the fact that there was inordinate delay and
laches on the part of the appellant and failure on his part to
even appear before the Board of Revenue as well as
challenging the order of the Board of Revenue, the learned
single Judge dismissed the writ petition. However, as it was
contended that though the total extent of the land is 56 cents,
the entire extent has been sold illegally to the 6th respondent
and taking into consideration the fact that the sale was in
respect of 38.5 cents, the learned single Judge has given
liberty to the appellant to institute appropriate civil
proceedings against the 6th respondent or any person in
occupation of the remaining extent of land which was not
subject matter of the sale. On perusal of the entire material
and after hearing learned Senior Counsel, we do not find any
possible or acceptable ground for the inordinate delay in
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approaching the authorities or the court. As such we find no
merit in the appeal. Hence the appeal stands dismissed.
S.R.BANNURMATH,
Chief Justice
KURIAN JOSEPH,
Judge
ahg.
BANNURMATH, C.J. &
KURIAN JOSEPH,J.
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W.A.No.1662 of 2008
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JUDGMENT
7th July, 2009