IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 1035 of 2009(W) ------------------------- PETITIONER(S): --------------- K.G.MANIKANDAN NAIR, LAKSHMY NIVAS, KOCHU KAVALA, VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.M.K.CHANDRA MOHANDAS SRI.P.RAJEEVE RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, KOTTAYAM 3. THE TAHSILDAR, VAIKOM. BY GOVT. PLEADER SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No. 1035 OF 2009 ------------------------ Dated this the 12th day of January, 2009. JUDGMENT Petitioner states that two items of properties belonging to him were proceeded against under the provisions of the Revenue Recovery Act for realizing the amount due to the sale tax department. It is stated that the petitioner has discharged the liabilities and by Ext.P2 he requested the 2nd respondent to return 27.267 cents of land in survey NO.156/6C/12 in Naduvile Villge in Vaikom Taluk. Petitioner states that during the pendency of Ext.P2, Ext.P3 communication has been issued by the Tahsildar requiring the petitioner to remove the fencing which has put in the two plots of lands mentioned therein. 2. A reading of Ext.P2 shows that the request of the petitioner is to return 27/267 cents of land mentioned therein. However, in Ext.P3, in addition to the aforesaid plot WP(c).No.1035/09 2 of land the petitioner has been ordered to remove the fencing that has been put over 14 cents of land in survey No.190/4, situated in the aforesaid village also. Therefore, the pendency of Ext.P2 at any rate cannot operate in so far as 14 cents of land mentioned in Ext.P3. Having regard to the above facts, a direction is issued to the 2nd respondent to consider and pass orders on Ext.P2. This shall be done as expeditiously as possible and at any rate within 6 weeks from the date of production of a copy of the judgment. It is directed that, in the meanwhile and until orders are passed as above, further proceedings pursuant to Ext.P3 in so far as 27.267 cents of land referred to therein will be kept in abeyance. Petitioner shall produce a copy of the judgment along with a copy of the writ petitioner before the respondents 2 and 3 for compliance. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.1035/09 3