IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 OP.No. 22608 of 2001(N) ---------------------------------- PETITIONER: ------------------- P.SURALIMUTHU, AGED 51 S/O. PANDARA THEVAR, CARDAMON PLANTER, DOOR NO.53/2-S/26, MANI NAGARAM, TAMILNADU 625 516. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY SMT.C.S.SHAILA RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REP.BY SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. DISTRICT COLLECTOR, IDUKKI DISTRCIT. 3. THE TAHSILDAR (RR), UDUMBANCHOLA, NEDUMKANDAM, IDUKKI DISTRCIT. 4. VILLAGE OFFICER, CHAKKUPALAM VILLAGE, UDUMPANCHOLA, IDUKKI BY GOVERNMENT PLEADER SRI.K.P.PRADEEP THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.22608/2001 ORDER ON CMP. NO.36908/2001 IN OP. NO.22608/2001 DISMISSED 15.02.2008 SD/- C.N.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS. EXT.P1:- COPY OF THE NOTICE UNDER SECTION 7 ISSUED BY 4TH RESPONDENT TO THE PETITIONER DT. 17.10.1984. EXT.P2:- COPY OF THE SALE NOTICE ISSUED BY the 3RD RESPONDENT TO THE PETITIONERDT. 19.2.01. EXT.P3:- COPY OF THE RECONEYANCE OF BROUGHT-IN-LAND BY ORDER DT. 14.5.96 ISSUED BY 2ND RESPONDENT TO THE PETITIONER. EXT.P4:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SUB COLLECTOR, DEIKULAM ON 11.2.99. EXT.P5:- COPY OF THE REPRESENTATION BEFORE THE 2ND AND 3RD RESPONDENT SUBMITTED BY THE PETITIONER DT. 3.4.99. EXT.P6:- COPY OF THE ORDER ISSUED BY THE COMMISSIONER OF LAND REENUE, THIRUVANANTHAPURAM DT. 30.7.99. EXT.P7:- COPY OF THE PETIION DT. 1.6.8.99 BEFORE OF COMMISSIONER OF LAND REVENUE , THIRUANANTHAPURAM SUBMITTED BY THE PETITIONER. EXT.P8:- COPY OF THE LETTER ISSUED BY THE COMMISSIONER OF LAND REENUE BY THE PETITIONER DT. 7.9.99. EXT.P9:- COPY OF THE REVISION PETITION BEFORE THE COMMISSIONER AND SECRTARY TO THE GOVERNMENT, REVENUE DEPARTMENT, TRIVANDRUM ON 30.9.99. /TRUE COPY/ P.A. TO JUDGE tss C.N.RAMACHANDRAN NAIR, J. ------------------------------------------- O.P.No.22608 of 2001 ------------------------------------------- Dated this the 15th day of February, 2008 JUDGMENT Three acres of land said to be belonging to petitioner's father and his children including the petitioner were sold in recovery proceedings for recovery of arrears of tax due on 21.3.1986. The sale was later confirmed by the RDO. Challenge against the same before the Land Revenue Commissioner was rejected. This original petition is filed for direction to the respondents to reconvey the property of the petitioner on clearing arrears. Since the property belongs to several persons, petitioner cannot claim reconveyance of the property to himself. If the property is reconveyed, that should go to all the joint owners. Since the application, which is stated to be a request made to the Government, vide Ext.P11 is pending before the Government, this original petition is disposed of directing the Government to issue notice to all the joint owners calling for their objections and claims and dispose of the application in O.P.No.22608/2001 2 accordance with norms for reconveyance of the land acquired by the Government. The Revenue Secretary is directed to take a decision within six months from the date of receipt of a copy of this judgment. C.N.RAMACHANDRAN NAIR, JUDGE csl