IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(C).No. 5576 of 2011(V) ------------------------- PETITIONER: ------------------- MANSUKHLAL VRAJLAL, S/O.VRAJLAL MADHVJI, SHAH PURUSHOTAM MADHAVJI, 9/204, "PARAMKRIPA", BEACH ROAD, CALICUT-673001. BY ADV. SRI.P.M.PAREETH RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DISTRICT COLLECTOR, KOZHIKODE-673001. BY SENIOR GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vk P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.5576 OF 2011 -------------------------------- Dated this the 22nd day of February 2011 JUDGMENT Petitioner is challenging Ext.P5 order passed by the Govt., whereby the re-conveyance of the property already ordered has been cancelled because of the lapses on the part of the petitioner. 2. The documents produced reveal that the re-conveyance of the property having an extent of 53.85 cents of land in the concerned survey number belonging to the petitioner, which was earlier acquired for the purpose of setting up Malabar Market Committee, was ordered to be re-conveyed on request, finding that the said establishment had become defunct. Re-conveyance was ordered as above, pursuant to the direction given by this Court in O.P No.7873/2003 and it was subject to condition that the petitioner satisfied the market value as fixed by the Govt. Accordingly, Ext.P2 communication was issued by the District Collector on 13-04-2004 showing the market value of the land as Rs.1,73,000/- per cent and Rs.5,48,130/- for the building, thus demanding the total amount as stipulated therein, also alerting W.P.(C) No.5576/2011 - 2 - the petitioner that, if the amount was not paid on or before 24-04-2004, alternate steps would be taken without further notice. 3. It appears that the petitioner did not satisfy the requirement and was all the more eager to have the bargain with the respondents stating that the actual market value of the property was much less, thus disputing the quantum. Pursuant to the request made by the petitioner, a further inquiry was conducted, where it was revealed that the actual market value of the property was Rs.2,76,250 per cent. This was communicated to the petitioner vide Ext.P3 dated11-12-2004, demanding the total amount payable as above. The petitioner was alerted by Ext.P4 dated 14-06-2007 stating that the market value had gone up because of the lapses and delay on the part of the petitioner and demanded a total sum of Rs.1,73,54,330/- at the rate of Rs.3,12,000/- per cent. Still, the petitioner did not choose to satisfy the due amount. It was in the said circumstance, that the matter was considered by the Govt. who passed Ext.P5 order dated 14-03-2008 cancelling the re-conveyance. The petitioner filed Ext.P6 representation before the first respondent after one W.P.(C) No.5576/2011 - 3 - year, on 14-05-2009. Still further, the petitioner has chosen to approach this Court challenging the impugned proceeding only '1½ year' later, by filing the Writ Petition on 21-02-2011. This being the position, the cause of action itself has become stale, as well. 4. In the above circumstances, this Court finds that there is absolutely no merit or bonafides; besides the bar of delay. Writ Petition is dismissed accordingly. P.R.RAMACHANDRA MENON JUDGE vdv