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N.K.Raveendran vs State Of Kerala

High Court Of Kerala|21 November, 2014
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JUDGMENT / ORDER

The petitioner has approached this Court with the following prayers:
"i) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to re-convey the property having an extent of 11.12 acres in R.S.No.39,40,42 & 44 of Thavinjal Village of Mananthavadi Taluk to the petitioenr on such terms and conditions as the 1st respondent may decide.
ii) to issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P5 and to quash the same.
iii) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to take up Ext.P7 representation and to consider and dispose of the same within a stipulated time.
iv) to grant such other relief as this Hon'ble Court may deem fit and necessary in the facts and circumstances of the case."
2. The case of the petitioner is that the petitioner's father is an agricultural incometax assessee and the property having W.P.(C)No.7500 OF 2014 2 an extent of 11.12 acres came to be proceeded against for non satisfaction of the tax due. On approaching the first respondent/Prl. Secretary, a conditional order was passed as per Ext.P1, pursuant to which, the petitioner's father remitted a sum of Rs.5000/- against the total due amount of Rs.19000/-. Since the balance amount was not paid, the property of the petitioner's father came to be taken over by the Government as bought-in- land under Section 50(2) of the Revenue Recovery Act. It is stated that the entire liability has already been satisfied and the petitioner approached the authorities concerned for re- conveyance of the property. The request of the petitioner was never acceded to. At the same time, the first respondent/Secretary, Revenue Department passed Ext.P6 order dated 28.09.2013 directing re-conveyance of bought-in-land even after six years of revenue sale, passed in the case of a similarly situated person . This being the position, the reason stated to the effect that two years' period is already over in the case of the petitioner, is not liable to be sustained. The learned Counsel further submits that the petitioner has approached the first respondent/Secretary, Revenue Department, by filing Ext.P7 W.P.(C)No.7500 OF 2014 3 and the prayer is to cause the same to be considered and disposed of in the light of Ext.P6.
3. Heard the learned Government Pleader as well.
4. Considering the limited nature of the prayer pressed before this Court, it is not necessary to adjudicate the issue on merits. Accordingly, the first respondent/Secretary, Revenue Department is directed to consider and pass appropriate orders on Ext. P7, at the earliest, at any rate, within three months from the date of receipt of a copy of the judgment, of course, after giving an opportunity of hearing to the petitioner. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent for further steps.
The writ petition is disposed of .
P.R.RAMACHANDRA MENON JUDGE lk
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Title

N.K.Raveendran vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
21 November, 2014
Judges
  • P R Ramachandra Menon
Advocates
  • Sri Pushparajan Kodoth
  • Sri
  • K Jayesh Mohankumar
  • Smt
  • N Deepa Smt Vandana
  • Menon