IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 712 of 2008()
1. THE STATE OF KERALA
... Petitioner
Vs
1. THE COCHIN PORT TRUST
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :19/08/2008
O R D E R
V. GIRI, J.
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R.P. No. 712/2008 in W.P.(C).4504/2006
&
R.P. No. 875/2008 in W.P.(C).5791/2004
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Dated this the 19th 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 petitions. 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 fact that both State and writ petitioner were respondents in the
RP Nos.712 & 815 OF 2008
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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 these Review Petitions or in the judgment
which has led to these Review Petitions as such.
(V. GIRI, JUDGE)
ttb