The petitioner, a defaulter, sought directions to re-convey bought-in land after clearing dues via multiple receipts. The Court directed the Government to consider the petitioner's representation and decide within two months after notice.
Direction to Government to consider petitioner's representation and decide within two months after notice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 07TH DAY OF FEBRUARY 2019 / 18TH MAGHA, 1940
WP(C).No.3626 of 2019
PETITIONER/S:
M/S MANNARKKAD WINES, HOTEL HIGHWAY, MANNARKKAD, REPRESENTED BY ITS MANAGING PARTNER P KUMARAN, AGED 86 YEARS, S/O.LATE KRISHNAN, PARAKKOTTIL HOUSE, KARIMPUZHA VILLAGE, KOTTAPURAM POST, OTTAPALAM TALUK, PALAKKAD DISTRICT.
BY ADVS. SRI.R.SREEHARI SRI.SACHIN VYAS
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
PALAKKAD-678 014.
BY GOVERNMENT PLEADER, SRI.ABRAHAM MATHEW VADAKKEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3626/2019 2
JUDGMENT
The petitioner, a defaulter, approached this Court aggrieved by delay in re-conveying the bought-in-land after clearing the entire dues. The petitioner would submit that they have discharged the entire liability as evident from Exts.P3, P4 and P5 and therefore, the Government is bound to return the land in terms of Ext.P15 Government Order. It is submitted that payment was effected within the time as stipulated in Ext.P15 Government Order. The petitioner approached the Government by Ext.P12 representation.
In view of the above, there shall be a direction to the Government to consider and take appropriate decision on Ext.P12 representation, without any delay, within a period of two months after notice to the petitioner, after taking into account of the payment already effected by the petitioner.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
ln
WP(C).No.3626/2019 3
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | PHOTO COPY OF THE DATED 01-11-2002 |
PROCEEDINGS NO. R. DIS. 2821/2002/F OF THE 3RD RESPONDENT. |
|---|---|---|
| EXHIBIT P2 | PHOTO COPY OF THE ISSUED BY THE 4TH |
COMMUNICATION DATED 8-12-2003 RESPONDENT TAHSILDAR. |
| EXHIBIT P3 | PHOTOCOPY OF THE ISSUED BY THE 4TH |
COMMUNICATION DATED 29.01.2004 RESPONDENT TAHSILDAR. |
| EXHIBIT P4 | PHOTOCOPY OF THE THE 4TH RESPONDEN |
RECEIPT DATED 04.02.2004 ISSUED BY T. |
| EXHIBIT P5 | PHOTOCOPY OF THE BY THE COMMERCIAL |
CERTIFICATE DATED 19.03.2007 ISSUED TAX OFFICER, MANNARKKAD. |
| EXHIBIT P6 | PHOTOCOPY OF THE DATED 6-4-2018. |
RECEIPT ISSUED BY THE 6TH RESPONDENT |
| EXHIBIT P7 | PHOTOCOPY OF THE 6TH RESPONDENT. |
POSSESSION CERTIFICATE ISSUED BY THE |
| EXHIBIT P8 | PHOTOCOPY OF THE SUBMITTED BEFORE |
REPRESENTATION DT.3-07-2018 THE TAHSILDAR(RR), MANNARKKAD. |
| EXHIBIT P9 | PHOTOCOPY OF THE RESPONDENT DATED |
REPRESENTATI0N FILED BEFORE THE 2ND 20.10.2018. |
| EXHIBIT P10 | PHOTOCOPY OF THE REPRESENTATION. |
ACKNOWLEDGEMENT OF EX.P9 |
| EXHIBIT P11 | PHOTOCOPY OF THE ISSUED BY THE 2ND |
COMMUNICATION DATED 17-11-2018 RESPONDENT. |
| EXHIBIT P12 | PHOTOCOPY OF THE FILED BEFORE THE |
REPRESENTATION DATED 29-11-2018 HON'BLE REVENUE MINISTER. |
| EXHIBIT P13 | PHOTOCOPY OF THE | FORWARDING LETTER DATED 31.12.2018. |
| EXHIBIT P14 | PHOTOCOPY OF THE THE ADDL. CHIEF S RESPONDENT. |
COMMUNICATION DATED 14-01-2019 OF ECRETARY TO GOVT. TO THE 2ND |
| EXHIBIT P15 | PHOTOCOPY OF THE | GO(MS)NO.76/13/RD DATED 01.03.2013. |
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
1 issue framed by the court
Whether the Government is bound to re-convey bought-in land to the petitioner after clearing dues and payment was made within stipulated time.
1 provisions across 1 enactments
M/S MANNARKKAD WINES, HOTEL HIGHWAY, MANNARKKAD, REPRESENTED BY ITS MANAGING PARTNER P KUMARAN
STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY
DISTRICT COLLECTOR, PALAKKAD
REVENUE DIVISIONAL OFFICER/SUB COLLECTOR, OTTAPALAM
TAHSILDAR, MANNARKKAD
THE DEPUTY TAHSILDAR (RR)
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
