Kerala High Court
Alleppy United Club vs District Collector on 2 June, 2021
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
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
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
