IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 16445 of 2009(A) -------------------------- PETITIONER: --------------- SAROJINIYAMMA,W/O.CHANDRASEKHARA PILLAI, CHALAKKAL HOUSE,KODIKUTHI KARA, PURAPUZHA VILLAGE,THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.JOSE JOSEPH ARAYAKUNNEL SRI.VARGHESE PARAMBIL RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR,IDUKKI. 3. THAHASILDAR,THODUPUZHA. 4. THE COMMISSIONER OF LAND REVENUE, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM * Additional 4th respondent impleaded as per order in I.A.No.14719/'09 dtd.21/1/2010 GOVERNMENT PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16445 of 2009(A) APPENDIX PETITIONER'S EXHIBITS: Ext.P1 : BPL Certificate issued by the Village Officer Ext.P2 : Proceedings of the RDO bearing file No.B3-192/05 dtd.2/2/2005. Ext.P3 : Mahazar prepared on 20/10/2004 by the Village Officer Purapuzha. Ext.P4 : Notice of the sale of immovable property in form No.16, dtd. 20/8/2004. Ext.P5 : Appeal to the District Collector, Idukki Ext.P6 : The treatment certificates received from the Regional Cancer Centre dt.30/04/07 Ext.P7 : Treatment certificate received from St.Mary's Hospital Thodupuzha dt.27/3/07. Ext.P8 : The letter dt. 27/8/08 received from the Thahasildar Thodupuzha Ext.P9 : Petitioner's appeal before the Government. Ext.P10 : Acknowledgment card received from the 1st respondent dt.2/4/09. Ext.P11 : Revision petition dtd.29/10/09 filed before the Land Revenue Commissioner. RESPONDENTS' EXHIBITS: Nil True copy P.A to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------ W.P.(C)No.16445 of 2009 -------------------------------------- Dated this the 21st day of January, 2010 JUDGMENT The petitioner herein was running a small plastic industry after availing a loan from the Industries Department. The petitioner could not repay the amount and ultimately 27.70 Ares of land comprised in Sy.No.356/15 Purapuzha Village was put in auction on 16/5/96 for realisation of an amount of Rs.23,173/- including interest and costs. Therefore Thahasildar had bid the property in favour of the Government of Kerala on 20/10/2004 which was confirmed as per Ext.P2 order. Ext.P3 is the copy of the mahazar dtd 20/10/2004 prepared by the Village Officer, Purapuzha. According to the petitioner the proceedings came to the petitioner's notice only in the month of August 2008 and immediately an appeal was filed before the District Collector seeking to cancel the proceedings as per Ext.P5. By Ext.P8 the petitioner was informed by the Tahsildar that she should approach the Government in the matter. Accordingly the petitioner approached the Government by filing Ext.P9 appeal. 2. It is submitted that appropriate remedy of the petitioner was to file an appeal before the Commissioner of Land Revenue and the petitioner thereafter filed Ext.P11 appeal W.P.(C)No.16445 of 2009 2 before the Commissioner of Land Revenue. 3. The learned counsel for the petitioner submitted that additional 4th respondent namely Commissioner of Land Revenue may be directed to pass orders on Ext.P11 appeal within a time frame after hearing the petitioner. The writ petition is disposed of with a direction to the additional 4th respondent to take a decision on Ext.P11 appeal after hearing the petitioner within a period of 4 months from the date of receipt of a copy of this judgment. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj