IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 26706 of 2007(D)
1. K.S.ANTONY, S/O.SCARIA, AGED 63 YEARS,
... Petitioner
Vs
1. THE TAHSILDAR, (REVENUE RECOVERY),
... Respondent
2. THE WELFARE FUND INSPECTOR,
3. THE DISTRICT COLLECTOR,
For Petitioner :SRI.C.P.PEETHAMBARAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :03/10/2007
O R D E R
V.GIRI, J
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W.P.(C). 26706/2007
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Dated this the 3rd day of October, 2007
JUDGMENT
By Ext.P1 order dated 17.10.2005, the
Tahasildar in exercise of powers of Section 44(2) of the
Revenue Recovery Act held that the assignment effected
by one K.T.James, Aralam Amsom Desom, Velimanam,
Thalassery Taluk, as regards of one acre 14 cents of land
in the Survey No. 279 as per assignment No.2713/01,
and 26 cents in the same survey number and sale deed
No.2772/01 are in contravention of Section 44(2) of the
Act. Therefore, the assignments in favour of the petitioner
were held void.
2. Petitioner has right of appeal against Ext.P1
order, but it seems that the petitioner has sought to file
Ext.P3 styled as a claim petition before the District
Collector on 18.7.2007.
3. After having heard the learned counsel for the
petitioner and the learned Standing Counsel for the
second respondent, the writ petition is disposed of
directing the third respondent to consider and pass
W.P.(C).26706/2007
2
appropriate orders on Ext.P3 treating the same as an
appeal against Ext.P1 order, after hearing the petitioner
and any other affected person, within a period of three
months from the date of receipt of a copy of this
judgment. District Collector shall consider whether
Ext.P3, if treated as an appeal is within time and if not,
appropriate opportunity may be granted to the petitioner
to file an application for condonation of delay.
Writ petition is disposed of as above.
V.GIRI
Judge
mrcs