IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12070 of 2009(C)
1. KUTTAPPAN, PULICKAL HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY SECRETARY
... Respondent
2. DISTRICT COLLECTOR,
3. THE TAHSILDAR, TALUK OFFICE,
For Petitioner :SRI.P.BABU KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :27/01/2011
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 12070 of 2009 C
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Dated this the 27th day of January, 2011
J U D G M E N T
Petitioner is the owner of 2.5 acres of land in
Poonjar Vadakkekara village. During 1984-85, petitioner was
the licensee of certain toddy shops. Default led to recovery
proceedings and finally, the aforesaid property of the
petitioner was sold in revenue recovery proceedings and
Government purchased the land. Subsequently, availing of
the benefit of an Amnesty scheme, petitioner settled the
liability. In this writ petition, what the petitioner contends is
that since he has settled the liability and as revenue recovery
proceedings have been withdrawn as per Ext.P4, the property
should be re-conveyed to him, giving the benefit of Ext.P5
Government Order.
2. However, as rightly pointed out by the learned
Government Pleader, petitioner has no case that the Amnesty
scheme under which the liability has been settled, enables the
W.P.(C) No.12070/2009
: 2 :
petitioner to claim re-conveyance of the property. In that
view of the matter, the issue raised by the counsel for the
petitioner is fully covered against him by the Division Bench
judgment of this Court in State of Kerala Vs. George Jacob
[2010 (3) KHC 381], wherein it has been held that
reconveyance can be claimed only if Amnesty scheme
provides for re-conveyance. In this case, admittedly there is
no such provision in the Amnesty Scheme, the benefit of
which was availed by the petitioner. Therefore, the issue is
covered against the petitioner and the writ petition is to be
rejected.
Writ petition fails and it is dismissed.
Sd/-
(ANTONY DOMINIC, JUDGE)
aks
// True Copy //
P.A. To Judge