IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29752 of 2007(P)
1. DEVIVILASOM LPS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE LAND REVENUE COMMISSIONER,
3. THE DISTRICT COLLECTOR,
4. THE TAHSILDAR,
For Petitioner :SRI.B.SURESH KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :03/10/2008
O R D E R
V. GIRI, J.
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WP(C).NO. 29752/2007
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Dated this the 3rd day of October, 2008.
JUDGMENT
The petitioner is an LP school and is functioning in 20.20 ares
of Government land situated in Vadakkevila village. The land was
originally demised in favour of the petitioner by way of Kuthakapatom.
Kuthakapattom originally payable was only Rs.70 p.a. The petitioner is
aggrieved by Ext.P4 order by which the lease rent was revised with
retrospective effect from 1985-86. This, the petitioner claims is
illegal on several counts. Apparently, no notice was issued to the
petitioner nor was the petitioner heard before Ext.P4 order was
passed.
2. This submission is correct. In the circumstances, the writ
petition is allowed. Ext.P4 order is quashed. The Government shall
issue fresh notice to the petitioner, hear the petitioner and then pass
an order. This shall be done within six months from the date of
receipt of a copy of this judgment.
V. GIRI, JUDGE.
Pmn/ WPC. /2008 2