IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 OP.No. 3113 of 2002(U) ---------------------------------- PETITIONER: -------------------- LALITHA BHARGAVAN, W/O.LATE BHARGAVAN, AGED 50 YEARS, KOTTAMURICAKL HOUSE, MUVATUPUZHA, MARADY VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.V.ELIAS RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE DEPUTY TAHSILDAR (RR), MUVATTUPUZHA. BY SR. GOVERNMENT PLEADER SMT. SUDHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.5713/2002 IN O.P.NO.3113/2002 U DISMISSED 18/01/2008 SD/- K.M.JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RECEIPT NO.77 DTD. 21/08/1995. EXT.P2: COPY OF THE NOTICE NO.L5-25708/99 DTD. 12/10/99 ISSUED BY THE 1ST RESPONDENT. EXT.P3: COPY OF THE REQUEST DTD. 22/11/1999. EXT.P4: COPY OF THE NOTICE DTD. 1/1/2002 ISSUED BY 2ND RESPONDENT. /TRUE COPY/ P.S.TO JUDGE Kss K. M. JOSEPH, J. ---------------------------------- O.P NO. 3113 OF 2002 U ---------------------------------- Dated this the 18th January, 2008 JUDGMENT Case of the petitioner, in brief, is as follows: Petitioner is possessing 2.5 cents of land in Survey No.371/23 C of Marady Village in Muvattupuzha Taluk. She is residing there along with her family. Out of this 2.5 cents, 1.445 cents was assigned in favour of petitioner's husband and the remaining 0.575 cents is possessed by the petitioner under Kuthakapattam lease. The rent fixed originally was Rs.9/- per year. Petitioner paid the rent upto 1995. While so, petitioner was issued with a notice Ext.P2, stating that the petitioner has not applied for renewal of the lease and the Government is taking back the said half a cent of land. Petitioner, immediately on receipt of Ext.P2, submitted a request to assign the land vide Ext.P3. It was submitted before the second respondent. There was no action. Thereafter, she was served with a demand notice issued under the Revenue Recovery Act asking her to pay an OP 3113/02 U 2 amount of Rs.17,049/= towards arrears of rent from the period from 1995 to 2001. 2. A Counter Affidavit is filed on behalf of the first respondent, District Collector. It is stated therein that as per Government Order No.566/95/RD. dated 13.11.1995, Government has accorded sanction to revise the lease rent in all cases in which land has been given on lease/Kuthakapattam in Municipal and Corporation areas. Thus, notice was issued to the petitioner requesting claims and objections, if any, regarding resumption of the lease rent out of land to the Government. It is stated that the petitioner failed to renew the lease within the period and failed to remit the lease rent revised as per the above Government Order. It is further stated that as per proceedings dated 17.2.2001 the first respondent, District Collector has passed an order cancelling the lease granted to the petitioner and the Tahsildar has been directed to resume the land and realise arrears of lease rent revised as per the Government Order. It is stated that the order has been served on the petitioner. It was OP 3113/02 U 3 when the petitioner failed to remit the arrears that revenue recovery steps have been taken. 3. There is no Reply Affidavit filed. Therefore I treat the allegations in the Counter Affidavit are correct. That means that the demand for arrears is in accordance with the GO. The GO is not in challenge. There is an order cancelling the lease. That is also not in challenge. 4. Having regard to all facts, the Writ Petition is disposed of as follows: Petitioner is granted time to pay off the amount demanded in Ext.P4 in four equal monthly instalments. First instalment shall be paid on or before 1.3.2008. I also leave open the right of the petitioner to challenge the order cancelling the lease, if so advised. It is also open to the petitioner, if she is so advised, to seek assignment of the land by filing appropriate application before the competent authority. kbk. K. M. JOSEPH, JUDGE OP 3113/02 U 4 K.M. JOSEPH, J. OP NO.3113 OF 2002 U JUDGMENT 18th January, 2008. K. M. JOSEPH, J. O.P NO. OF 200 JUDGMENT 7th March , 200