Kerala High Court
V.C. Rabiya vs State Of Kerala on 20 June, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30th JYAISHTA, 1946
WP(C) NO. 4630 OF 2020
PETITIONER/S:
V.C. RABIYA
AGED 75 YEARS
W/O.P.P.HASHIM (LATE), BENHUR, THANA P.O.,
KANNUR-670012.
BY ADVS.
M.A.FAYAZ
SMT.M.VISHNUPRIYA
SMT.C.B.ABHINAVA
RESPONDENT/S:
1 STATE OF KERALA
REP. BY SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 DISTRICT COLLECTOR,
CIVIL STATION, KANNUR-670002.
3 TAHSILDAR, KANNUR,
KANNUR-670101.
BY ADV . SRI. VENUGOPAL V., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4630 OF 2020 2
JUDGMENT
Petitioner is the wife of late P.P Hashim, one of the partners
of a partnership firm known as M/s. Haris Brothers. M/s Haris
Brothers, along with one Dasappa Kammath and Sons, had taken
on lease about 7 cents of Government land within the limits of
Kannur Municipality, for the purposes of conducting a kerosene
depot. The aforesaid M/s. Dasappa Kammath and Sons retired
from the partnership with effect from 01.04.1988 and the lease
was renewed in favour of M/s. Haris Brothers, Kannur alone. The
lease rent was fixed in terms of the then prevailing Government
orders @ 5% of the land value per cent per annum.
2. It appears from the statement filed by the 3 rd respondent
(on behalf of respondent Nos.1 and 2) that, on the basis of certain
observations of the Accountant General, Thiruvananthapuram, it
was found that the lease rent was to be collected on higher value
and at a higher rate on account of which an amount of
Rs.12,30,883/- was leviable from M/s. Haris Brothers as arrears
of lease rent for the period from 01.04.1987 till 31.03.2002. The
land was surrendered by the aforesaid M/s.Haris Brothers in the
year 2002 itself. Challenging the demand for enhanced lease
rent, the aforesaid partnership firm (M/s. Haris Brothers) filed
O.P. No.790/2003 before this Court, which was disposed of by
Ext.P3 judgment, directing the 1st respondent in that writ petition
(State of Kerala, represented by the Secretary, Department of
Revenue Secretariat, Trivandrum) to consider the objections
raised against enhancement of lease rent and to take a decision ,
after affording an opportunity of hearing to the petitioner, in that
writ petition.
3. Pursuant to the interim order in O.P. No.790/2003 and
on the basis of the directions contained in Ext.P3 judgment, a
total sum of Rs.2,50,000/- was paid by M/s.Haris Brothers under
protest towards the demand for lease rent. The statement filed
by the 3rd respondent also indicates that though the
representative of M/s.Haris Brothers was heard on 17.03.2007 by
the Additional Secretary to Revenue department, no orders
appear to have been issued in the matter. That apart, as rightly
contended by the learned counsel appearing for the petitioner,
revenue recovery proceedings appear to be only against the
petitioner, who is the wife of late P.P. Hashim, on the premise
that the lease deed at the relevant time was executed by late P.P.
Hashim .
In the background of the aforesaid facts, I am of the view
that revenue recovery proceedings against the petitioner cannot
be allowed to continue presently. The decision, directed to be
taken, in terms of Ext.P3 judgment of this court has not been
taken and communicated, though it is stated that a hearing was
held on 17.03.2007. Late P.P. Hashim expired on 25.07.2017. In
such circumstances, this writ petition will stand disposed of,
directing the 1st respondent to take a decision in the matter as
directed in Ext.P3 judgment, after affording an opportunity of
hearing to the petitioner or her authroized representative and
also to any other partners/legal heirs of any deceased partner of
the erstwhile M/s.Haris Brothers. The petitioner shall bring to
the notice of the 1st respondent the details of other partners/legal
heirs of deceased partners of M/s.Haris Brothers, who may also
be equally liable along with the petitioner for any demand for
enhanced lease rent for the period from 01.04.1987 till
31.3.2002. Till such time as orders are passed by the 1 st
respondent after hearing the petitioner or authorised
representative and other partners/legal heirs of any deceased
partner, the revenue recovery proceedings initiated against the
petitioner will remain suspended. The decision shall be taken, as
directed above, by the 1st respondent, within a period of six
months from the date of receipt of a certified copy of this
judgment.
Sd/-
GOPINATH P.
JUDGE
ajt
APPENDIX OF WP(C) 4630/2020
PETITIONER EXHIBITS
EXHIBIT P1 PHOTOCOPY OF THE DEATH CERTIFICATE IN RESPECT
OF SRI.P.P.HASHIM BY THE KANNUR CORPORATION
DATED 25.07.2017.
EXHIBIT P2 PHOTOCOPY OF COMMUNICATION NO.F.F3.18032/88
DATED 28.01.2003 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P3 PHOTOCOPY OF THE JUDGMENT IN OP.NO.790/2003
DATED 29.11.2006.
EXHIBIT P4 PHOTOCOPY OF THE REPORT NO.F.F3/18032/88
29.03.2007 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P5 PHOTOCOPY OF THE HEARING NOTICE ISSUED BY THE
1ST RESPONDENT 07.03.2007.
EXHIBIT P6 PHOTOCOPY OF THE NOTICE NO.F.3/13445/17 DATED
03.01.2020 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P7 PHOTOCOPY OF THE REPLY SUBMITTED BY
PETITIONER'S SON IN LAW DATED 15.01.2020.
EXHIBIT P8 PHOTOCOPY OF THE LETTER NO.F3.F3.18032/88
DATED 01.09.2008 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P9 PHOTOCOPY OF THE LETTER NO.F3/18032/88 DATED
30.10.2012 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P10 PHOTOCOPY OF THE LETTER NO.F3/18032/88 DATED
10.04.2013 ISSUED BY THE 3RD RESPONDENT .
EXHIBIT P11 PHOTOCOPY OF THE LETTER NO.F3/30039/14 DATED
23.12.2014 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P12 PHOTOCOPY OF THE LETTER NO.F3/9353/14 DATED
08.05.2014 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P13 PHOTOCOPY OF THE LETTER NO.F3.13440/17 DATED
26.07.2017 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P14 PHOTOCOPY OF THE LETTER NO.F3/13445/17(3)
DATED 09.05.2019 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P15 PHOTOCOPY OF THE COMMUNICATION NO.K.1-
24542/2012 DATED 18.07.2019 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P16 PHOTOCOPY OF THE LETTER NO.F3/13445/17 DATED
04.12.2019 ISSUED BY THE 3RD RESPONDENT.
