IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 853 of 2008(H)
1. INSPECTING ASSISTANT COMMISSIONER
... Petitioner
2. DEPUTY TAHSILDAR (RR), KOCHI.
3. STATE OF KERALA, REPRESENTED BY ITS
Vs
1. THE PULLANGODE RUBBER AND PRODUCE CO.,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :26/08/2008
O R D E R
V. GIRI, J.
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R.P. No. 853 of 2008
in W.P.(C).7847 of 2006
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Dated this the 26th day of August 2008
O R D E R
Having heard the learned Government
Pleader and learned counsel for the writ
petitioner, I do not find any grounds to review the
judgment as such.
2. Learned Government Pleader presses into
service Rule 4(viii) of the Kerala Revenue Recovery
Rules to justify the demand for collection charges.
He further submits that the validity of Rule 4
(viii) was not the subject matter of challenge in
any other writ petition. I find that Rule 4(viii)
was not a matter of fact pressed into service at
the time of hearing of the writ petition. But,
prima facie, I am of the view that, the arguments
which were found to be not weighty enough by this
court in relation to Rule 5, would apply to Rule 4
(viii) also. It is not necessary to finally
pronounce on this aspect, in as much as the parties
have not joined issue on this aspect in the instant
case. But, nevertheless, I do not find any ground
to take a different view from what I have already
taken in the judgment. I had taken note of the
RP No.853 OF 2008
in W.P.(C).7847 of 2006
-: 2 :-
fact that both State and writ petitioner were
respondents in the land acquisition awards and
ultimately the writ petitioner had satisfied the
award by depositing the amount in court.
For all these reasons, I do not find any
grounds to review the judgment. But, I make it
clear that, I have not considered the issue, which
the learned Government Pleader submits, arises from
Rule 4(viii) of the Kerala Revenue Recovery Rules
either in this Review Petition or in the judgment
which has led to this Review Petition as such.
Sd/-
(V.GIRI)
JUDGE)
sk/-
//true copy//
P.S. To Judge