IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 4707 of 2010(K) ------------------------------------- PETITIONER: ------------------- ST.ANTONY'S HIGH SCHOOL, VALIYATHURA, THIRUVANANTHAPURAM,REPRESENTED BY ITS MANAGER, REV.FR.D.THOMAS. BY ADV. MR.D.KISHORE. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE(P) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 4. THE TAHSILDAR, THIRUVANANTHAPURAM. 5. THE VILLAGE OFFICER, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. R1 TO R5 BY GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.4707 OF 2010 --------------------------------------- Dated this the 1st day of March, 2010. J U D G M E N T The petitioner is an aided High School represented by its Manager. The school is situated in Valiyathura in Trivandrum District and the same is managed by St.Antony's Forane Church, Valiyathura. 2. From 1957 onwards, an extent of 3 acres and 94 cents used by the school as play ground has been leased out. The land is situated in Survey Nos.2856/9, 2857/3-1 and 2858/2-1-1 of Muttathara village. The petitioner had been remitting the lease rent also from time to time. 3. Dispute arose in 2004 when the 3rd respondent issued a demand notice directing the petitioner to remit Rs.23,75,908/- as arrears of lease rent. The then Manager of the school had represented to the respondents to waive the lease rent arrears as the school does not have the source to raise such a huge amount. 4. The petitioner is relying upon Exhibit P2, a copy of W.P.(C) No.4707/2010 2 G.O.(MS) No.201/2005/Revenue dated 18.06.2005 whereby it was specified by the Government that the land which have been leased out to educational institutions for a number of years will be assigned on certain conditions provided in the Government Order itself. The petitioner is relying upon clause 4 therein to show that the lease rent will have to be waived in terms of the provisions in Exhibit P2. By Exhibit P3, the petitioner submitted a representation to the Minister for Revenue seeking for an order to grant assignment to the said property. Seeking for appropriate directions in the matter, this writ petition has been filed. 5. The petitioner has produced along with I.A.No.2571/2010 Exhibits P4 to P5(a). Exhibit P4 is the true copy of the notice issued under Form CC by the Tahsildar stating that the petitioner is in unauthorized occupation of 394 cents of land used as play ground. Exhibit P5 is an application submitted by the petitioner for assignment of the property before the Tahsildar and Exhibit P5(a) is a receipt showing the receipt of the application. 6. Heard the learned counsel for the petitioner and the learned Government Pleader. Learned counsel for the petitioner W.P.(C) No.4707/2010 3 submitted that a direction may be issued to the Tahsildar to consider Exhibit P5 within a time frame and meanwhile further action against the petitioner may be kept in abeyance. Whether the land is assignable or not is a matter for the 4th respondent- Tahsildar to consider in accordance with the various Rules with special reference to Exhibit P2. There will be a direction to the 4th respondent to take a decision on Exhibit P5 within a period of three months from the date of receipt of a copy of this judgment, after hearing the petitioner. Meanwhile, any coercive action by way of recovery of arrears of lease rent or proceedings pursuant to Exhibit P4 will be kept in abeyance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp