Mankunnil Suresh @ Suresan Nair vs The State Of Kerala
2022 Latest Caselaw 2538 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                       WP(C) NO. 3016 OF 2022
PETITIONER:

          MANKUNNIL SURESH @ SURESAN NAIR
          AGED 63 YEARS
          S/O (LATE) PADMANABHA PILLAI,
          MANKUNNIL HOUSE, CHENNANPARA
          VITHURA P.O., THIRUVANANTHAPURAM
          PIN - 695551

          BY ADVS.
          MANU GOVIND
          A.JAYASANKAR



RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS PRINCIPAL SECRETARY TO
          GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     LAND REVENUE COMMISSIONER
          THIRUVANANTHAPURAM, VIKAS BHAVAN P.O.,
          THIRUVANANTHAPURAM , PIN - 695033

    3     THE DISTRICT COLLECTOR
          THIRUVANANTHAPURAM, CIVIL STATION,
          THIRUVANANTHAPURAM, PIN - 695043

    4     THE TAHSILDAR (REVENUE RECOVERY)
          NEDUMANGAD, THIRUAVANANTHAPURAM , PIN - 695541

          ADV.SMT.PARVATHY-GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.3016 OF 2022
                                  2

                           JUDGMENT

Dated this the 4th day of March, 2022

The petitioner was the absolute owner in possession of 20

cents of landed property in Re-Sy.No.1254/2 of Chithiveettu

muri in Tholikkode Village, Nedumangad Taluk. For recovery of

amounts due to BSNL authorities, the said property of the

petitioner was proceeded against under the provisions of the

Revenue Recovery Act and since there were no bidders, the

property was taken by the Government as bought-in land.

2. When the petitioner came to know about the recovery

proceedings, the petitioner submitted Ext.P2 representation

before the Honourable Minister for Revenue, which according to

the petitioner has been made over to the 3 rd respondent.

According to the petitioner, Ext.P2 is pending consideration

before the 3rd respondent. The petitioner also submits that,

pursuant to Ext.P2, a report has been called for and the 4 th

respondent has submitted Ext.P3 report to the 3 rd respondent.

The prayer of the petitioner in this writ petition is for a direction WP(C) NO.3016 OF 2022

to the 2nd respondent to consider Ext.P2 representation on the

basis of Ext.P3 report for re-conveying the bought in land to the

petitioner.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. The learned Government Pleader submits that Ext.P2

representation has been addressed to the Honourable Minister

for Revenue and not to the official respondents, who are

arrayed as respondents in the writ petition. The learned

counsel for the petitioner submits that Ext.P2 representation

has been made over to the 3rd respondent and is pending

consideration before the 3rd respondent.

5. Having regard to the facts and circumstances of the

case, there will be a direction to the 3 rd respondent to consider

Ext.P2 representation, and pass orders thereon, in accordance

with law, within a period of three months from the date of

receipt of a copy of this judgment.

WP(C) NO.3016 OF 2022

Before passing such an order, the petitioner shall also been

heard and I make it clear that I have not expressed any opinion

on the merits of Ext.P2 representation. The petitioner shall

produce a copy of the writ petition with exhibits and a certified

copy of the judgment before the 2nd respondent.

The writ petition is disposed of with above directions.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

spk WP(C) NO.3016 OF 2022

APPENDIX OF WP(C) 3016/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE NOTICE ISSUED BY THE 4TH RESPONDENT

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 09.02.2021 PREFERRED BY THE PETITIONER BEFORE THE HONOURABLE MINISTER FOR REVENUE

Exhibit P3 TRUE COPY OF THE REPORT DATED 24.02.2021 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT

RESPONDENT'S/S EXHIBITS : NIL