IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31057 of 2008(V)
1. V.THIRUMULRAJ, S/O.VENKITASWAMI CHETTIAR
... Petitioner
Vs
1. STATE OF KERALA, REP. BY ITS SECRETARY,
... Respondent
2. DISTRICT COLLECTOR, PIANAVU, IDUKKI.
3. TALUK OFFICER, UDUMBANCHOLA
4. VILLAGE OFFICER, CHINNAKKANAL VILLAGE
For Petitioner :SRI.MOHAN JACOB GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :21/01/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 31057 of 2008
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Dated this the 21st day of January, 2009
JUDGMENT
3.60 Acres of land belonging to the petitioner was proceeded
against under Revenue recovery Act for the non payment of tax due
under the Kerala Agricultural Income Tax Act. The property was
brought to sale and bid was settled in favour of the Government.
Subsequently, the petitioner remitted the entire amount due and
requested for its re-conveyance. It would appear from Exhibit P3 that
he was called for hearing also. It is stated that subsequently also
proceedings continued. However, no final decision in this matter has
been taken.
2. In the circumstances, the petitioner filed Exhibit P5
representation to the first respondent, seeking for appropriate direction
for re-conveyance of his land. On Exhibit P5 also no decision has been
taken.
3. Petitioner has produced Exhibit P6 judgment rendered by
this court, wherein orders have been passed for re- conveyance.
W.P.(C) No. 31057 / 2008
2
4. In this writ petition, the petitioner seeks an order
directing the first respondent to consider and pass orders on Exhibit
P5.
5. As already stated that petitioner has been proceeded against
tax liability and is land has been purchased by the government. Since,
he sought its re-conveyance, it is appropriate that the first respondent
takes a final decision on Exhibit P5. This shall be done, as
expeditiously as possible, at any rate within eight weeks of production
of copy of this judgment.
6. Before final orders are passed, petitioner shall also be given
notice for hearing.
Petitioner shall produce a copy of this judgment before the first
respondent for compliance.
ANTONY DOMINIC, JUDGE
scm
W.P.(C) No. 31057 / 2008 3
The words “Subsequently, the petitioner remitted the entire
amount due and requested for its re-conveyance” occurring as the 3rd
sentence in paragraph 1 of the judgment dated 21/01/2009 in WP(C) No.
31057/2008(V) is corrected as “Subsequently”, the petitioner offered to
remit the entire amount due and requested for its re conveyance” as per the
order dated 19/02/2009 in I.A No.2084/2009.
Registrar (Judicial)