Jiya vs The State Of Kerala
2025 Latest Caselaw 9763 Ker

Kerala High Court

Jiya vs The State Of Kerala on 16 October, 2025

                                                     2025:KER:77219
W.P.(C) No.44017 of 2024
                                     -1-

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

  THURSDAY, THE 16TH DAY OF OCTOBER 2025 / 24TH ASWINA, 1947

                           WP(C) NO. 44017 OF 2024

PETITIONER:

             JIYA,
             AGED 52 YEARS, W/O. SURESH,
             PARANKIMAVILA VEEDU,
             CHEERANKAVU, EZHUKONE POST,
             KOTTARAKKARA TALUK, KOLLAM DISTRICT,
             PIN-691506

             BY ADVS.
             SRI.B.KRISHNA MANI
             SMT.N.V.SANDHYA
             SMT.DHANUJA M.S


RESPONDENTS:

      1      THE STATE OF KERALA,
             REPRESENTED BY THE CHIEF SECRETARY,
             SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001

      2      THE SECRETARY,
             TAXES DEPARTMENT, GOVERNMENT OF KERALA,
             THIRUVANANTHAPURAM, PIN-695001

      3      THE JOINT SECRETARY,
             TAXES (A) DEPARTMENT,
             GOVERNMENT OF KERALA,
             THIRUVANANTHAPURAM, PIN-695001

      4      THE EXCISE COMMISSIONER,
             GOVERNMENT OF KERALA,
             THIRUVANANTHAPURAM, PIN-695001
                                                    2025:KER:77219
W.P.(C) No.44017 of 2024
                                 -2-

      5      THE DEPUTY COMMISSIONER OF EXCISE,
             OFFICE OF THE DEPUTY COMMISSIONER,
             KOLLAM, PIN-691013

      6      THE DISTRICT COLLECTOR,
             CIVIL STATION, KOLLAM, PIN-691013

      7      THE TAHSILDAR,
             KOTTARAKKARA, KOLLAM DISTRICT, PIN-691506

              SRI. SREEJITH V.S., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                            2025:KER:77219
W.P.(C) No.44017 of 2024
                                     -3-

                        MOHAMMED NIAS C.P., J.
               ------------------------------------------------
                        W.P.(C) No.44017 of 2024
                -----------------------------------------------
               Dated this the 16th day of October, 2025

                                JUDGMENT

The petitioner was the licensee of FL-3 Shop No.27, Kollam

Range, during the Abkari year 1997-98. Alleging default in paying the

dues to the Government, the property having an extent of 30.56 Ares

in Block No.4, Re-survey No.194/6/2-2 of Ezhukone Village was

sought to be sold under the provisions of the Revenue Recovery Act.

As there were no bidders, the entire property vested in the state for a

sum of Rs.1/- as bought-in-land.

2. The petitioner had filed W.P.(C) No.9938 of 2013, which

resulted in Ext.P9 judgment dated 12th July, 2017. Paragraph 33 of the

said judgment reads thus:-

"33. Finally, the petitioner in W.P.(C)No.9938/2013 has

not admittedly paid off the arrears even day. He says,

however, that he is ready and willing to pay off the

entire arrears, which the Government has not agreed.

2025:KER:77219

This is a matter which the petitioner can pursue with

the Government and if the Government is disposed and

amenable to accept the arrears with charges and

interest, along with such reduction as may be legally

permissible from the petitioner, he would also be

entitled to claim re-conveyance and restitution of his

property in terms of my observations herein. For this

purpose I permit the petitioner to approach the

competent among the respondents with his offer to pay

off the entire amounts by filing a representation within

a period of 15 days from the date of receipt of a copy of

this judgment and if the competent Authority of the

Government is of the view that such opportunity can be

granted to him and the property conveyed, subject to

of course to the consideration as to whether the

property has already been used for other public

purposes or allotted to landless people under a Scheme,

to pass appropriate orders thereon without any delay

but not later than two months from the date of receipt

of such representation. I clarify that I have not

considered the entitlement of the petitioner in W.P.

(C)No.9938/2013 for seeking such a relief from the 2025:KER:77219

Government and the above directions are only to offer

him an opportunity to approach the Government and

no more and it will be open to the competent Authority

of the Government to take any appropriate decision on

his representation."

3. Pursuant to the above judgment, the petitioner preferred

Exts.P14 and P15, which the Government rejected on 17.01.2018. The

petitioner again filed W.P.(C) No.42097 of 2017, which was also

dismissed on 23rd January, 2018.

4. The Government contends, based on the existing

Government Orders and Circulars, that it is not possible to consider

the petitioner's application to remit the dues under the Amnesty

Scheme, for returning the bought-in-land properties to her. Though

the petitioner applied for remittance of the Abkari arrears through

the Amnesty Scheme on 26.07.2023, no amount could have been

collected through the Amnesty Scheme after five years, as regards

the properties taken by the Government as bought-in-land, and a

confirmation issued. It is stated that the bought-in-land will be re-

conveyed to the original owner if he applies within a period of five 2025:KER:77219

years from the date of sale confirmation, and the petitioner

admittedly has not applied within the said time.

5. Learned Government Pleader also relies on the Division

Bench of this Court in W.A. No.1128 of 2023 dated 2 nd April, 2025,

which held that in a case where a person neither clears the arrears,

nor files any statutory appeal against the demand that led to the sale

and approaches this Court after years, he cannot be granted any

relief. Learned Government Pleader also places reliance on the

Government Order dated 21.04.2015, which also prescribes a period of

five years for the owner of the property to seek re-conveyance.

6. In view of the admitted fact that the petitioner has not

applied within the permissible five-year period and has admittedly

not cleared the dues as directed by this Court in Ext.P9 judgment, no

relief can be granted.

In view of the above, I do not find any merit in this Writ

petition, and the same will stand dismissed.

Sd/-

MOHAMMED NIAS C.P. JUDGE bpr 2025:KER:77219

APPENDIX OF WP(C) 44017/2024

PETITIONER'S EXHIBITS

Exhibit-P1 A TRUE COPY OF THE SALE DEED DATED 26/12/96.

Exhibit-P2 A TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE TAHSILDAR, KOTTARAKKARA.

Exhibit-P3 A TRUE COPY OF THE PROCEEDING DATED 17/10/2011 UNDER THE RIGHT TO INFORMATION ACT.

Exhibit-P4 A TRUE COPY OF THE COMMUNICATION DATED 2/11/2011 ISSUED BY THE TAHILDAR

Exhibit-P5 A TRUE COPY OF THE COMMUNICATION DATED 15/12/2011 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER AND DEPUTY TAHSILDAR

Exhibit-P6 A TRUE COPY OF THE REPRESENTATION DATED 12/1/2012 BEFORE THE LAND REVENUE COMMISSIONER.

Exhibit-P7 A TRUE COPY OF THE REPRESENTATION DATED 12/1/2012 BEFORE THE GOVERNMENT.

Exhibit-P8 A TRUE COPY OF THE RELEVANT PORTION OF THE WRIT PETITION, W.P.(C)NO.9938/2013 DATED 3/4/2013 BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.

Exhibit-P9 A TRUE COPY OF THE JUDGMENT DATED 12/7/2017 IN W.P.(C)NO.9938/2013 BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.

Exhibit-P10 A TRUE COPY OF THE ORDER DATED 25/10/2013.

Exhibit-P11 A TRUE COPY OF THE REPLY DATED 25/1/2014 ISSUED BY THE DEPUTY EXCISE COMMISSIONER, KOLLAM.

2025:KER:77219

Exhibit-P12 A TRUE COPY OF THE NOTICE DATED 5/5/2015.

Exhibit-P13 A TRUE COPY OF THE REPRESENTATION DATED 12/12/2013 BEFORE THE GOVERNMENT.

Exhibit-P14 A TRUE COPY OF THE REPRESENTATION DATED 11/8/2017 BEFORE FIRST RESPONDENT.

Exhibit-P15 A TRUE COPY OF THE REPRESENTATION DATED 11/8/2017 BEFORE 2ND RESPONDENT

Exhibit-P16 A TRUE COPY OF THE ORDER DATED 9/11/2016.

Exhibit-P17 A TRUE COPY OF THE ORDER DATED 7/10/2016.

Exhibit-P18 A TRUE COPY OF THE PROCEEDING UNDER THE RIGHT TO INFORMATION ACT DATED NIL.

Exhibit-P19 A TRUE COPY OF THE RELEVANT PORTION OF W.P.(C)NO.42097/2017 DATED 26/12/2017 BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.

Exhibit-P20 A TRUE COPY OF THE JUDGMENT DATED 23/1/2018 IN W.P.(C)NO.42097/2017 BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.

Exhibit-21 A TRUE COPY OF THE ORDER PASSED BY THE JOINT SECRETARY, REVENUE DEPARTMENT DATED 17/1/2018.

Exhibit-P22 A TRUE COPY OF THE JUDGMENT DATED 5/6/2023 IN W.P.(C)NO.38133/2016 BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.

Exhibit-P23 A TRUE COPY OF THE ORDER DATED 22/8/2023 ISSUED BY THE JOINT SECRETARY, REVENUE DEPARTMENT.

Exhibit-P24 A TRUE COPY OF THE REPRESENTATION DATED 26/7/2023 FILED BY THE PETITIONER BEFORE 2025:KER:77219

THE DEPUTY EXCISE COMMISSIONER.

Exhibit-P25 A TRUE COPY OF THE ORDER DATED 12/10/2023 ISSUED BY THE DEPUTY EXCISE COMMISSIONER.

Exhibit-P26 A TRUE COPY OF THE ORDER DATED 15/7/2024 ISSUED BY THE JOINT SECRETARY, EXCISE DEPARTMENT.

Exhibit-P27 A TRUE COPY OF THE ORDER DATED 1/9/2022 ISSUED BY THE ADDITIONAL CHIEF SECRETARY, REVENUE.

Exhibit-P28 A TRUE COPY OF THE ORDER DATED 23/6/2022 ISSUED BY THE ADDITIONAL CHIEF SECRETARY, REVENUE.

RESPONDENTS' EXHIBITS

Exhibit R4 (a) TRUE COPY OF THE ORDER NO.

4502/2003/F/D.DIS OF THE SUB COLLECTOR DATED 27.09.2003

Exhibit R4 (b) TRUE COPY OF THE GO(MS)NO.76/13RD DATED 01.03.2013

Exhibit R4 (c) TRUE COPY OF THE GO(MS)64/2015/TD DATED 21.04.2015

Exhibit R4 (d) TRUE COPY OF THE CIRCULAR NO.3/308/2021 REV.H DATED 26.10.2022

Exhibit R4 (f) TRUE COPY OF THE DEMAND COLLECTION AND BALANCE STATEMENT

Exhibit R4 (e) TRUE COPY OF THE LETTER NO.D1649/97 DATED 03.10.2023