IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 2ND DAY OF JUNE 2021/12TH JYAISHTA, 1943
WP(C) NO. 11712 OF 2021
PETITIONER:
ALLEPPY UNITED CLUB,
SEA VIEW WARD,
ALAPPUZHA 688 012
REPRESENTED BY ITS SECRETARY
CIJO ALEX
BY ADVS.
ANIL D. NAIR
R.SREEJITH
TELMA RAJU
SANGEETH JOSEPH JACOB
CHRISTINA ANNA PAUL
RESPONDENTS:
0
1 DISTRICT COLLECTOR,
COLLECTORATE,
ALAPPUZHA 688 001.
2 LAND REVENUE COMMISSIONER,
BOARD OF REVENUE,
PUBLIC OFFICE BUILDING,
VIKHAS BHAWAN P.O.,
THIRUVANANTHAPURAM 695 033.
BY GOVERNMENT PLEADER SMT. PRINCY XAVIER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.06.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.11712/2021
:2 :
JUDGMENT
~~~~~~~~~ Dated this the 2nd day of June, 2021 The petitioner, a Society registered under the Travancore-Cochin Literary, Scientific and Charitable Society Registration Act, 1955 was given 77.533 cents of land under a Government lease in 1116 ME. Annual lease rent was `5/-. The petitioner claims that they were paying the lease amount promptly.
2. A notice dated 05.06.2020 was served on the petitioner calling upon to pay arrears of lease rent for the period from 2005-'06 onwards. The petitioner gave reply. Against the modified demand, the petitioner filed appeal. The 2nd respondent disposed of the appeal as per Ext.P1 directing the District Collector to consider the issue afresh with notice to the petitioner. The 1st respondent-District Collector passed Ext.P2 order demanding `99,89,739/-.
3. Aggrieved by Ext.P2 order, the petitioner filed Ext.P3 appeal and Ext.P4 stay petition. However, no orders WP(C) No.11712/2021 :3 : are passed thereon by the Appellate Authority, contends the petitioner.
4. Heard the learned counsel for the petitioner and the learned Government Pleader.
5. Ext.P3 is an appeal filed invoking Rule 18 of the Assignment of Land within Municipal and Corporation Area Rules, 1995. Ext.P3 being statutory appeal, the 2 nd respondent's duty is bound to consider the same in accordance with law within a reasonable time.
Therefore, the writ petition is disposed of directing the 2nd respondent to consider and dispose of Ext.P3 appeal within a period of three months. Orders on Ext.P4 stay petition may be passed within one month. Till orders are passed on Ext.P4 stay petition, coercive proceedings pursuant to Ext.P2 if any, against the petitioner, shall be kept in abeyance.
Sd/-
N. NAGARESH, JUDGE aks/02.06.2021 WP(C) No.11712/2021 :4 : APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER PASSED BY THE
LAND REVENUE COMMISSIONER,
THIRUVANANTHAPURAM DATED 02.02.2021 EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA DATED 17.04.2021.
EXHIBIT P3 APPEAL FILED BEFORE THE BOARD OF REVENUE, THIRUVANANTHAPURAM DATED 22.04.2021.
EXHIBIT P4 TRUE COPY OF THE STAY PETITION FILED
BEFORE THE BOARD OF REVENUE,
THIRUVANANTHAPURAM DATED 22.04.2021. EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGMENT OF FILING OF APPEAL BEFORE THE BOARD OF RENEVUE, THIRUVANANTHAPURAM DATED 30.04.2021.
ncd