Disposed

N.Malathi v. State of Kerala

Kerala HC22 Nov 2017WP(C)/20520/2015

Case brief

AI extract

What is this about?

This writ petition concerns the re-conveyance of property sold under the Kerala Revenue Recovery Act to the State. The court directed the District Collector to compute dues to the Toddy Workers Welfare Fund and re-convey the property if paid within a month, else the claim lapses.

What did the court decide?

District Collector to compute dues under the Toddy Workers Welfare Fund Act with interest and a 1% collection charge by 31.12.2017; if paid by 31.01.2018, the property shall be re-conveyed, otherwise

N.Malathi Vs State of Kerala — Cheque Dishonour | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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WEDNESDAY, THE 22ND DAY OF NOVEMBER 2017/1ST AGRAHAYANA, 1939

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WP(C).No. 20520 of 2015 (L)

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PETITIONERS:

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1. N.MALATHI, D/O GOVINDAN NAIR, KG NIVAS, KULIKKIYAD, KOTTAPURAM, PALAKKAD. 2. N. BALAMANI, D/O GOVINDAN NAIR, KG NIVAS, KULIKKIYAD, KOTTAPURAM, PALAKKAD. 3. N. BALACHANDRAN, S/O GOVINDAN NAIR, KG NIVAS, KULIKKIYAD, KOTTAPURAM, PALAKKAD. 4. P. KOMALAM, W/O LATE SREEKUMAR, KG NIVAS, KULIKKIYAD, KOTTAPURAM, PALAKKAD. 5. P. MANOJ, S/O LATE SREEKUMAR, KG NIVAS, KULIKKIYAD, KOTTAPURAM, PALAKKAD. 6. MANJUSHA, D/O LALE SREEKUMAR, KG NIVAS, KULIKKIYAD, KOTTAPURAM, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM. PIN-695 001.

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2. THE DISTRICT COLLECTOR, PALAKKAD- 678 001.

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3. THE TAHASILDAR, OTTAPALAM, PALAKKAD-679 101. BY SR. GOVERNMENT PLEADER SRI.SURIN GEORGE IYPE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 20520 of 2015 (L) ----------------------------

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APPENDIX

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PETITIONER(S)' EXHIBITS ----------------------EXT.P1: A TRUE COPY OF THE GOVERNMENT ORDER DT. 03/12/2007 EXZT.P2: A TRUE COPY OF THE DEATH CERTIFICATE OF THE DEFAULTER EXT.P3: A TRUE COPY OF THE REPRESENTATION DT. JANUARY 12,2012 SUBMITTED BY PETITIONERS ONE AND FOUR BEFORE THE FIRST RESPONDENT

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RESPONDENT(S)' EXHIBITS

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EXT.R1(A): TRUE COPY OF THE LETTER NO.46481/H1/15/RD DATED 3.9.2015

TRUE COPY

P.S. TO JUDGE

K. VINOD CHANDRAN, J.

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==================== W.P.(C) No.20520 of 2015-L

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======================= Dated this the 22^nd day of November, 2017

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J U D G M E N T

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The petitioners are the legal heirs of one late K.Govindan Nair. Govindan Nair's property was proceeded against and put up for sale under the Kerala Revenue Recovery Act, 1968. Since, there were no bidders for the two consequent auctions, the land was treated as bought inland and purchased by the State for one rupee.

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Later, Govindan Nair in his life time made an application before the Government to return the land. By Ext.P1 dated 12.03.2007, the Government had decided to return the land to Govindan Nair, on payment of the entire dues towards the Toddy Workers Welfare Fund. However, the same could not fructify, since Govindan Nair expired on 05.01.2008 as seen from

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W.P.(C) No. 20520/2015

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-2-

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Ext.P2 certificate. Later, the legal heirs of the deceased; the petitioners herein, approached the District Collector for re-conveyance of the property in terms of Ext.P1. The property has not been re-conveyed till now, is the grievance of the petitioners.

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The learned Government Pleader has filed a statement, specifically indicating that by Ext.R1(a), Government had permitted re-conveyance on payment of the entire dues to the Toddy Workers Welfare Fund, within one month. Since, no payment has been made, there cannot be any further contention raised, is the argument.

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Ext.R1(a) is the communication of the Principal

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Secretary to Government to the District Collector, Palakkad. There is nothing produced to indicate that the directions were communicated to the petitioners herein. In such circumstance, the petitioners could seek for the right of re-conveyance, provided the entire dues to the Toddy Workers Welfare Fund is

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W.P.(C) No. 20520/2015

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settled. In such circumstance, the District Collector, Palakkad, the 2^nd respondent herein is directed to get a computation of the amounts due from late Govindan Nair under the Toddy Workers Welfare Fund Act, 1969 with interest charged up to 31.12.2017 and also the collection charges at 1% to defray the expenses for putting the property to sale. The said computation shall be communicated to the petitioners within 31.12.2017. If the entire amounts are paid on or before 31.01.2018, the property shall be re-conveyed. Otherwise, the petitioners shall foresake the right to claim under Ext.P1.

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The writ petition would stand disposed of. No costs.

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Sd/- K.VINOD CHANDRAN, JUDGE

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// true copy //

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SB/22/11/2017

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P.A to Judge

N.Malathi v. State of Kerala

Case brief

What is this about?

What did the court decide?

N.Malathi v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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