IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11369 of 2007(C)
1. PRASANTH N., S/O. O.K.NANDAKUMAR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. DISTRICT COLLECTOR,
3. TAHSILDAR,
4. C.K.JAYARAJAN,
For Petitioner :SRI.P.CHANDY JOSEPH
For Respondent :SRI.PRASAD CHANDRAN
The Hon'ble MR. Justice K.M.JOSEPH
Dated :05/12/2008
O R D E R
K.M. JOSEPH, J.
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W.P.(C) No. 11369 OF 2007 C
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Dated this the 5th day of December, 2008
J U D G M E N T
Petitioner purchased, vide Ext.P1, an extent of 4
cents of land from the 4th respondent and his mother on
11.4.2002. The 4th respondent was a defaulter of motor vehicle
tax and the 3rd respondent issued notices under sections 7 and
34 of the Kerala Revenue Recovery Act. As there was no
bidders, the property was bid for Re.1/- and the sale was
confirmed and the 3rd respondent was directed to assume
possession vide Ext.P2. According to the petitioner, he was
unaware of the attachment and sale. He filed Ext.P3 petition
dated 30.3.2004 expressing his willingness to clear the arrears
and requesting for reconveyance of the property. Thereafter, the
petitioner made other representations and still later, by Ext.P8
dated 7.2.2006, the petitioner was informed that the
reconveyance of the property can be considered on cancellation
of the document in his favour and on payment of the entire
amount due. The 3rd respondent directed the petitioner to remit
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the arrear amount of Rs.5,576/-. The petitioner paid Rs.5,576/-
vide Ext.P10 receipt. Then, the petitioner approached the Sub
Registrar for cancellation of Ext.P1 document as directed in Ext.P8
but he refused to do so and the petitioner approached the 1st
respondent for an appropriate direction to the 3rd respondent by
Ext.P11 representation. It is the case of the petitioner that the
petitioner has cleared all the arrears. He also relies on Ext.P12
which is stated to be an order passed by the 1st respondent in
similar circumstance. A counter affidavit is filed to which a reply
affidavit is also filed.
2. I heard learned counsel for the petitioner, learned
counsel for the 4th respondent and learned Government Pleader.
Learned counsel for the petitioner would point out that in the
counter affidavit filed it is pointed out that some more amount
needs to be paid. He also points out Ext.P13 certificate issued by
the Tahsildar, Revenue Recovery, Pala, would show that the
petitioner had cleared the entire amount due. As regards the
condition in Ext.P8 is concerned, it is pointed out that it is not
possible to get the certificate. It is further contended that the
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condition is incorporated because the 4th respondent has also
made an application. Learned counsel for the 4th respondent
would submit that the 4th respondent had at one point of time filed
an application seeking reconveyance. But, he is not now opposing
to grant reconveyance in favour of the petitioner. Learned
Government Pleader would submit that going by the reasons
stated in Ext.P8, it is because there was an application filed by the
4th respondent that the condition relating to cancellation of the
document was insisted. He further submits that Ext.P1 being after
arrears, and section 44 is attracted, the condition was
incorporated. The petitioner has admittedly not complied fully with
the conditions in Ext.P8. Of course, he would point out that the
petitioner is having only 4 cents vide Ext.P1. In view of the fact
that the learned counsel for the 4th respondent submits that he is
not pressing the application for reconveyance and he has no
objection in reconveyance being granted to the petitioner, writ
petition is disposed of directing the 1st respondent to take a
decision in the matter within six weeks from the date of receipt of a
copy of this judgment. It is for the 1st respondent to consider the
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effect of the petitioner not complying with the condition mentioned
in Ext.P8 that there must be cancellation of Ext.P1 sale deed also.
Sd/-
(K.M.JOSEPH, JUDGE)
aks