Kerala High Court
P.K.Sulaiman vs State Of Kerala on 24 September, 2024
Author: P Gopinath
Bench: P Gopinath
2024:KER:70920
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946
WP(C) NO. 30056 OF 2024
PETITIONER:
P.K.SULAIMAN,
AGED 59 YEARS, S/O. KASSIM.P.H,
PUTHENVEETTIL HOUSE, EDAKKUNNAM KARA,
PAINGANA BHAGOM, MUNDAKKAYAM VILLAGE & .P.O,
KANJIRAPPALLY TALUK KOTTAYAM DISTRICT,
PIN - 686 513.
BY ADVS.
V.SETHUNATH
V.R.MANORANJAN (MUVATTUPUZHA)
THOMAS ABRAHAM (K/1051/2010)
LAKSHMINARAYAN.R
SREEGANESH U.
GAUTHAM KRISHNAN K.G.
SNEHA MARY SANTHOSH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY TO REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANTHAPURAM,
PIN - 695 001.
2 THE DISTRICT COLLECTOR,
KOTTAYAM.P.O., PIN - 686 001.
3 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE R.D.O, PALA.P.O., PIN - 686 575.
4 THE ASST. COMMISSIONER,
G.S.T DEPARTMENT, PONKUNNAM. P.O., PIN - 686 506.
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WP(C) 30056/2024 2
5 THE COMMERNICAL TAX OFFICER,
OFFICE OF THE GST DEPARTMENT. PONKUNNAM. P.O.,
PIN - 686 506.
6 THE THAHASILDAR (REVENUE RECOVERY) ,
PALA.P.O., PIN - 686 575.
7 THE THAHASILDAR,
KANJIRAPPALLY.P.O., PIN - 686 507.
BY ADV. THUSHARA JAMES (SR.GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.09.2024, THE COURT ON 24.09.2024 DELIVERED
THE FOLLOWING:
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WP(C) 30056/2024 3
JUDGMENT
The petitioner has approached this Court being aggrieved
by the fact that Ext.P15 application filed by the petitioner for
re-conveyance of certain bought-in-land has not been
considered by the competent authority, despite settlement of
the liability for which the land was sold. It is submitted that the
sale itself was vitiated on account of procedural irregularities.
It is also pointed out that the recent amendments to the Kerala
Revenue Recovery Act, 1968, are also in favour of the petitioner
and the matter may therefore be directed to be considered by
the competent authority.
2. Heard the learned Senior Government Pleader also.
3. Having heard the learned counsel appearing for the
petitioner and the learned Senior Government Pleader
appearing for the respondents and having regard to the limited
nature of reliefs now sought for by the petitioner, this writ
petition will stand disposed of directing that if the petitioner
files a fresh representation before the 1 st respondent, the
1st respondent or any other competent authority shall consider
and pass orders on such representation in accordance with the
2024:KER:70920
law also taking note of any amendments that have been made
to the Kerala Revenue Recovery Act, 1968. The contention of
the petitioner that the original sale was vitiated by procedural
irregularities shall also be considered by the competent
authority. Orders, as directed above, shall be passed within a
period of three months from the date of receipt of a certified
copy of this judgment.
Writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
ats
2024:KER:70920
APPENDIX OF WP(C) 30056/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE NOTICE OF ATTACHMENT
UNDER KERALA REVENUE RECOVERY ACT ISSUED BY
THE 6TH RESPONDENT DATED 23-10-2017
Exhibit P2 THE TRUE COPY OF THE SALE NOTICE ISSUED BY
THE 6TH RESPONDENT DATED NIL- MONTH OF
DECEMBER 2017
Exhibit P3 THE TRUE COPY OF THE MAHAZAR PREPARED BY
VILLAGE OFFICER, MOONILAVU DATED 2-2-2018
Exhibit P4 THE TRUE COPY OF THE NOTICE PUBLISHED BY THE
6TH RESPONDENT DATED 3-2-2018
Exhibit P5 THE TRUE COPY OF THE NOTICE PUBLISHED ON
3-3-2018 BY THE 6TH RESPONDENT
Exhibit P6 THE TRUE COPY OF THE MAHAZAR PREPARED BY
VILLAGE OFFICER, MOONILAVU DATED 23-3-2018
Exhibit P7 THE TRUE COPY OF THE SALE CONFIRMATION ORDER
DATED 26-06-2018
Exhibit P8 TRUE COPY OF THE PUBLICATION UNDER SEC.
57(1) OF THE R.R.ACT DATED 7-7-2018
Exhibit P9 TRUE COPY OF THE LETTER ISSUED BY THE 7TH
RESPONDENT TO THE 2ND RESPONDENT DISTRICT
COLLECTOR
Exhibit P10 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 7TH RESPONDENT DATED 6-1-2022
Exhibit P11 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE ASST. COMMISSIONER, GST, PONKUNNAM DATED
15-10-2020.
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Exhibit P12 TRUE COPY OF THE LETTER DATE 15.12.2021
ISSUED BY THE STATE PUBLIC INFORMATION
OFFICER OF THE OFFICE OF THE 6TH RESPONDENT
Exhibit P13 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 6TH RESPONDENT DATED 13-1-2022
Exhibit P14 THE TRUE COPY OF THE LETTER ISSUED BY THE
2ND RESPONDENT TO THE THAHASILDAR MEENACHIL
DATED 1-11-2023
Exhibit P15 THE TRUE COPY OF THE REPRESENTATION GIVEN
BEFORE THE 1ST RESPONDENT DATED 12-12-2023
Exhibit P16 THE TRUE COPY OF THE LETTER ISSUED BY THE
2ND RESPONDENT TO ALL THE THAHASILDARS UNDER
HIM DATED 15-12-2023.
