IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WA.No. 1662 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.17955/1998 Dated 28/03/2008 .................... APPELLANT(S): APPELLANT/PETITIONER IN THE OP -------------------------------------------- P. SIVANANDAN, KANJIRATHUPARAMBU, THONDANKULANGARA, AVALOOKUNNU P.O., ALAPPUZHA. BY ADV. SRI.T.P.KELU NAMBIAR, SENIOR ADVOCATE SRI.T.S.RADHAKRISHNA PILLAI SRI.T.R.RAJEEV RESPONDENT(S): RESPONDENTS/RESPONDENTS IN THE OP ------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER FOR REVENUE, PUBLIC OFFCE BUILDINGS,TRIVANDRUM. 3. THE DIRECTOR OF VIGILANCE INVESTIGATION, TRIVANDRUM. 4. THE DISTREICT COLLECTOR, ALAPPUZHA. 5. TAHSILDAR, AMBALAPPUZHA TALUK, ALAPPUZHA. 6. MR.MATHEW JOSEPH, S/O. OUSEPH, RESIDING AT THYKKATTUSSERY P.O., CHERTHALA. 7. ASSISTANT DIRECTOR, RESURVEY CHENGANNUR. 8. THE CHIEF ENGINEER, NATIONAL HIGHWAY, PUBLIC OFFICE BUILDINGS, TRIVANDRUM. GOVERNMENT PLEADER FOR R1-5,R7-8 SRI.MATHEW JOHN (K) FOR R6 SRI.AJEESH K.SASI FOR R6 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.A.No.1662 of 2008 -------------------------------------------------- Dated this the 7th day of July, 2009 JUDGMENT S.R.Bannurmath,C.J. Aggrieved by the judgment of the learned single Judge dated 28-3-2008, the writ petitioner has approached this court in the present appeal. The appellant-petitioner had taken loan from the Industries Department and for non-payment of the same, recovery proceedings under the Kerala Revenue Recovery Act was initiated and in the year 1975 a portion of the land to an extent of 38.50 cents out of 56 cents was proposed to be sold in public auction and for want of bidders the sale was concluded on behalf of the Government itself. Nearly two decades thereafter, that is in the year 1994, the appellant has filed the present representation Ext.P4 requesting restoration of possession W.A.No.1662 of 2008 -:2:- of the entire land on realisation of the entire arrears due from him. Noticing the fact that there was inordinate delay and laches on the part of the appellant and failure on his part to even appear before the Board of Revenue as well as challenging the order of the Board of Revenue, the learned single Judge dismissed the writ petition. However, as it was contended that though the total extent of the land is 56 cents, the entire extent has been sold illegally to the 6th respondent and taking into consideration the fact that the sale was in respect of 38.5 cents, the learned single Judge has given liberty to the appellant to institute appropriate civil proceedings against the 6th respondent or any person in occupation of the remaining extent of land which was not subject matter of the sale. On perusal of the entire material and after hearing learned Senior Counsel, we do not find any possible or acceptable ground for the inordinate delay in W.A.No.1662 of 2008 -:3:- approaching the authorities or the court. As such we find no merit in the appeal. Hence the appeal stands dismissed. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.A.No.1662 of 2008 ---------------------------- JUDGMENT 7th July, 2009