IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 22971 of 2006(I) -------------------------- PETITIONER(S) : ---------------------- 1. GEORGE KURIAN, AGED 42 YEARS, S/O. CYRIAC KURIAN AND RESIDING AT KAROTT HOUSE, PARAMBRAMKARA, MUTTUCHIRA VILLAGE, VAIKOM TALUK IN KOTTAYAM DISTRICT. 2. CHACKO, AGED 53 YEARS, S/O. CHACKO AND RESIDING AT CHAKALAPARAMBIL HOUSE, PARAMBRAMKARA, MUTTUCHIRA VILLAGE, VAIKOM TALUK IN KOTTAYAM DISTRICT. BY ADVS. SRI.K.JAGADEESCHANDRAN NAIR, SRI.ROY GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, SECRETARIATE, TRIVANDRUM. 2. DISTRICT COLLECTOR, KOTTAYAM. 3. TAHSILDAR, VAIKOM IN KOTTAYAM DISTRICT. 4. THE VILLAGE OFFICER, MUTTUCHIRA VILLAGE, VAIKOM TALUK IN KOTTAYAM DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMV WPC NO.22971 OF 2006 (I) APPENDIX PETITIONER(S) EXHIBITS : P1. : COPY OF THE SALE DEED NO.2823 DTD: 29.06.1974. P2. : COPY OF THE SALE DEED NO.1802 DTD: 19.05.1972. P3. : COPY OF THE ORDER DTD: 19.04.1975 IN E.M.P.NO.6101/1975 IN O.P.NO.2008/1975. P4. : COPY OF THE JUDGMENT DTD: 07.01.1976 IN O.P.2008/1975. P5. : COPY OF THE CERTIFICATE OF ENCUMBRANCE FOR THE PERIOD 01.01.1962 TO 31.12.1974 DTD: 10.09.1986. P6. : COPY OF THE CERTIFICATE OF ENCUMBRANCE RELATING TO 11 CENTS OF LAND IN SY.NO.859/11 FOR THE PERIOD 01.01.1960 TO 09.09.1972 DTD: 10.09.1986. P7. : COPY OF THE ACKNOWLEDGMENT DTD:09.09.1994 FOR THE RECEIPT OF RS.7009/- ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER'S FATHER. P8. : COPY OF THE LETTER DTD:14.12.1988 ADDRESSED TO THE DISTRICT COLLECTOR KOTTAYAM AND ENDORSED TO 3RD RESPONDENT. P9. : COPY OF THE LETTER DTD: 09.04.1996. P9(A). : COPY OF THE GOVT. ORDER (MS) NO.196/96/RD DTD: 22.03.1996. P10. : COPY OF GOVT. ORDER (MS) NO.352/2003 DTD: 31.10.2003. P11. : COPY OF THE REPRESENTATION DTD: 22.12.2003 SUBMITTED BY THE PETITIONER TO THE REVENUE MINISTER, STATE OF KERALA. P12. : COPY OF THE ACKNOWLEDGMENT RECEIVED BY THE 1ST PETITIONER ON 22.01.2004. P13. : COPY OF THE WILL DTD: 10.01.2002. P14. : COPY OF THE DEATH CERTIFICATE DTD: 27.05.2005. P15. : COPY OF THE WILL DTD: 09.03.1996. P16. : COPY OF THE DEATH CERTIFICATE DTD: 11.10.1996. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE AMV S.SIRI JAGAN, J. ================== W.P.(C).No. 22971 of 2006 ================== Dated this the 6th day of December, 2011 J U D G M E N T One Sri.Varkey Cyriac was a defaulter in payment of arrears of sales tax both to the Government of Madras and the Government of Kerala. Revenue recovery proceedings were initiated. The attached property belonging to the defaulter was proclaimed for sale and since there was no buyer, the Government purchased the land under Section 50 of the Kerala Revenue Recovery Act. According to the petitioners, the predecessors-in-interest of the petitioners purchased the land even before the amounts became due and, therefore, the property was not liable to be proceeded against under the Kerala Revenue Recovery Act for the dues of Sri.Varkey Cyriac. According to the petitioners, the Government agreed to return the land on payment of tax arrears. The petitioners contend that the petitioners' predecessors-in-interest paid off the amount with interest on 9.9.1994 by Ext.P7. Despite the same, the land was not returned to the predecessors-in-interest of the petitioners. The petitioners' predecessors-in-interest filed complaints before the Lok Ayukta and the Lok Ayukta directed the Government to decide the question. Pursuant thereto, the Government passed Ext.P10 order offering to sell the properties to the petitioners' predecessors-in- interest at the market value of the property. By Ext.P11, the w.p.c.22971/06 - : 2 :- petitioners requested to fix the market value as on 9.9.1994, on which date, the predecessors-in-interest of the petitioners paid the tax arrears with interest. No decision has been taken by the Government on Ext.P11. It is pursuant to the same, the petitioners have filed this writ petition seeking the following reliefs: “i) By the issue of a writ of mandamus the government may be directed to consider and pass orders on Ext.P11, allowing the request to reconvey the land for the market price as fixed by the government as in 1994 and as on the date of Ext.P7. ii) It may be declared that the attachment of June 1966 and sale effected under the revenue recovery (sic) Act in April 1967 and the assumption of possession in 1983 are invalid and the petitioners are entitled to return of the lands which has been unlawfully taken possession of by the Government from their possession and a consequent direction issued to respondents to return the land to the petitioner.” 2. The learned Government Pleader opposes the prayers on the ground that it is Government's property and the Government can sell the property to another person only on the terms and conditions fixed by the Government. According to the learned Government Pleader, the petitioners have to pay market value as fixed by the Government. 3. I have considered the rival contentions in detail. 4. I am of opinion in such matters, the Government should not take a Shylockian attitude. The Government should consider the request fairly and reasonably. But at the same time, no loss should be caused to the Government on account of any decision in that matter. w.p.c.22971/06 - : 3 :- But necessarily, the Government has to take a decision in the matter, which should be just and reasonable. Accordingly, this writ petition is disposed of with a direction to the 1st respondent to consider Ext.P11 and pass appropriate orders thereon, after hearing the petitioners, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. Interlocutory applications stand closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge