Sameer M vs State Of Kerala
2023 Latest Caselaw 12522 Ker

Kerala High Court

Sameer M vs State Of Kerala on 22 November, 2023

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA,
                                1945
                     WP(C) NO. 32048 OF 2023
PETITIONER:

           SAMEER M.
           AGED 47 YEARS
           S/O. MOIDEEN RAWTHER MAKKU, AASHIYANA, JANASAKHY
           ROAD, VELLOORKUNNAM P.O., MUVATTUPUZHA,
           PIN - 686673
           BY ADVS.
           RINNY STEPHEN CHAMAPARAMPIL
           ASHA ELIZABETH MATHEW
           ANJANA S.
RESPONDENTS:
    1     STATE OF KERALA
          REP BY THE SECRETARY, REVENUE DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANTHAPURAM, PIN -
          695001
    2     THE LAND REVENUE COMMISSIONER
          LAND REVENUE COMMISIONERATE, PUBLIC OFFICE
          BUILDING, MUSEUM ROAD, VIKHAS BHAVAN P.O,
          THIRUVANANTHAPURAM, PIN - 695033
    3     THE REVENUE DIVISIONAL OFFICER
          R.D.O. OFFICE, GROUND FLOOR PATTIMATTOM-
          MUVATTUPUZHA ROAD, MUVATTUPUZHA (P.O.),
          PIN - 686673
    4     THE VILLAGE OFFICER
          VILLAGE OFFICE, VELLOORKUNNAM, MUVATTUPUZHA
          PIN - 686669
    5     THE SUB TREASURY OFFICER
          SUB TREASURY OFFICE MUVATTUPUZHA (P.O.),
          PIN - 686673
OTHER PRESENT:
          GP - SYAMANTHAK B.S.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.32048 of 2023      :2:



                            VIJU ABRAHAM, J.
         --     -- -- -- -- -- -- -- -- -- -- -- --
                       W.P.(C) No.32048 of 2023
         --     -- -- -- -- -- -- -- -- -- -- -- --
                Dated this the 22nd day of November, 2023

                             JUDGMENT

When the matter came up for consideration earlier, the

learned Government Pleader upon instructions submitted that a

decision regarding approval of the amount to be refunded is to be

taken by the Government in view of the amount involved and

sought time to get instructions in that regard.

2. When the matter was taken up for consideration today, the

learned Government Pleader upon instructions submitted that the

2nd respondent Land Revenue Commissioner has forwarded a

request to the 1st respondent Government as per letter dated

09.01.2023 and the matter is pending consideration before the 1 st

respondent.

3. After hearing both sides, I am inclined to dispose of the

writ petition with the following directions:

The 1st respondent shall take appropriate decision on the

request of the 2nd respondent for approval of sanction of amount on

Ext.P6 refund order, at the earliest, at any rate, within an outer

limit of one month from the date of receipt of a copy of this

judgment and on the basis of the approval order passed by the 1 st

respondent, the amount shall be refunded to the petitioner within a

further period of three weeks thereafter.

With the above said direction, the writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 32048/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 05/07/2022 ISSUED FROM VELLOORKUNNAM VILLAGE OFFICE Exhibit P2 A TRUE COPY THE APPLICATION DATED 30/08/2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P3 A TRUE COPY OF ORDER NO. A3- 6461/20/R.DIS. DATED 09/02/2021 ISSUED BY THE 3RD RESPONDENT Exhibit P4 A TRUE COPY OF THE REFUND APPLICATION DATED 19/10/2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 27/10/2022 OF THIS HONBLE COURT IN W.P.

Exhibit P6 A TRUE COPY OF THE REFUND ORDER DATED 15/12/2022 ISSUED BY THE 3RD RESPONDENT Exhibit P7 A TRUE COPY OF G.O. (RT) NO. 3191/2023/RD DATED 03/09/2023 ISSUED BY THE 1ST RESPONDENT