P.Nehrumathy Vs. State of Keral Rep,. by the Secretary - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE B.P.RAY WEDNESDAY, THE 16TH DAY OF JANUARY 2013 26TH POUSHA 193 WP(C).No. 1336 of 2008 (H) -------------------------- PETITIONER(S): -------------------------- P.NEHRUMATHY,W/O. K.PALANIVEL, 7/W-10, CHITHAPPA GOWNDER STREET, MELEGUDALLUR, GUDALLUR 62 518. BY ADV. SRI.A.KRISHNAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, TRIVANDRUM.

2. THE ADDITIONAL AGRICULTURAL INCOME TAX & SALES TAX OFFICER, KUMILY.

3. THE DEPUTY THASILDAR (RR) (UDUMBANCHOLA), NEDUMKANDOM.

4. THE DISTRICT COLLECTOR, IDUKKI. R1 TO R4 BY SPL.GOVERNMENT PLEADER (REVENUE)SRI.P.K.SOYUZ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-01-2013 ALONG WITH WPC. NO.30318/2008 AND WPC.NO.10654/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1336/2008 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGEMENT DTD. 2/08/2000. P2: COPY OF THE REPRESENTATION DTD. 9/11/05. P3: COPY OF THE JUDGEMENT DTD. 24/01/07. P4: COPY OF THE ORDER DTD. 25/09/07. P5: COPY OF THE CERTIFICATE DTD. 13/08/03. P6: COPY OF THE G.O.(MS) NO.196/96/RD DTD. 22/03/96 ISSUED BY THE REVENUE (S) DEPARTMENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 1336, 10654 & 30318 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of January, 2013. JUDGMENT Heard both sides.

2. The petitioners were the defaulters in payment of tax due to the State. Proceedings were initiated under the Revenue Recovery Act for the recovery of the tax and the properties of land belonging to the petitioners were converted to bought in land for an amount of ` 1. Thereafter, the petitioners filed appeals against the assessment orders and the same was allowed directing re-assessment. On re-assessment, tax amounts due were paid off by the petitioners. The petitioners seek a direction to the respondents to re-convey the land to the petitioners.

3. By interim order dated 17.08.2012, the learned Government Pleader was directed to take instructions as to whether the Government is prepared to re-convey the properties to the petitioners by themselves. Since no instruction is forthcoming in pursuance to the said interim order, this Court by order dated 08.01.2013 directed the 1st respondent to depute a competent officer to assist this Court for the disposal of the case and to file an affidavit. Thereafter, a counter affidavit has been W.P.(C) No. 1336, 10654 & 30318 of 2008 :

2. : filed by the 1st respondent. Paragraph 4 of the counter affidavit reads as follows: "As per G.O.(Ms)88/68/RD dated 09.02.1968 Brought-in- land cannot be re-conveyed to the defaulter unless he has applied for re-conveyance within two years from the date of confirmation of sale. But on the basis of the order dated 17.08.2012 of this Hon'ble Court a proposal was made for extending the period, from 2 years, for submitting application for re-conveys of property. Decision on the said proposal is to be taken by the Council for Ministers. It is also submitted that, guidelines for re-conveyance of bought-in-land to the original owners/their legal heirs can be made only with the approval of the Council of Minsters. Hence it is submitted that Government requires two more months time for taking a decision in the above matter." 4. It appears that the Government in principle has agreed to re-convey the land to the petitioners as the appeal filed by the petitioners has been allowed. Keeping the spirit of Section 144 CPC in mind, I allow the writ petitions directing the respondents to re-convey the land within three months from the date of receipt of a copy of this judgment. sd/- B.P. RAY, JUDGE. rv W.P.(C) No. 1336, 10654 & 30318 of 2008 :

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