IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 7419 of 2007(G) ------------------------------------ PETITIONERS: --------------------- 1. AMMINI AMMA, KUNDOOR, LOKAMALLESWARAM, KODUNGALLUR. 2. PADMAVATHY AMMA, KUNDOOR, LOKAMALLESWARAM, KODUNGALLUR. BY ADV. SRI.K.I.MAYANKUTTY MATHER SMT.S.LAKSHMY RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE TAHSILDAR, KODUNGALLUR. 4. THE VILLAGE OFFICER, LOKAMALLESWARAM. BY GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7419/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DT. 21.2.1978 EXT.P1(a):- COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DT. 4.2.75. EXT.P1(b):- COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DT. 24.3.77. EXT.P1(c):- COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DT. 7.2.79. EXT.P1(d):- COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DT. 21.7.81. EXT.P1(e):- COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DT. 14.1.83. EXT.P1(f):- COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DT. 17.3.86. EXTP1(g):- COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DT. 11.2.92. EXT.P1(b):- COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DT. 22.2.94. EXT.P1(i):- COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DT. 8.2.95. EXT.P2:- COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DT. 30.4.99. EXT.P3:- COPY OF THE GOVERNMENT ORDER NO.102685/RD DT. 9.12.85. EXT.P3(a):- COPY OF THE GOVERNMENT ORDER NO. 566/95/RD DT. 14.11.95. EXT.P4:- COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DT. 24.6.99. EXT.P5:- COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DT. 21.1.02. EXT.P6:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN OP. NO.19892/99. DT. 12.7.2002. EXT.P7:- COPY OF THE COVERING LETTER ISSUED BY KODUNGALLUR MUNICIPALITY. E.XT.P7(a):- COPY OF THE RESOLUTION OF THE KODUNGALLUR MUNICIPALITY 10.8.2000. EXT.P8:- COPY OF THE NEWS REPORT PUBLISHED IN MATHRUBHUMI DAILY 20.8.2000. EXT.P9:- COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DT. 169.6.06. EXT.P10:- COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss V.GIRI, J. ------------------------- W.P.(C).No.7419 of 2007 ------------------------ Dated this the 15th day of January, 2008. JUDGMENT The petitioners' predecessor-in-interest took on lease two cents of land from the erstwhile Cochin Government stated to be more than 85 years ago. A small tiled building is put up therein. Petitioners are in possession of the property as successors-in-interest of the original lessee, who have passed away many years ago. The property was taken on lease, according to the petitioners, more than 85 years ago. 2. While so, there was a threat of eviction for non- payment of the enhanced ground rent as per Ext.P4, demanded by enforcement of Exts.P3 and P3(a) Rules relating to assignment of lands within Municipal and corporation area. The matter reached this court first in O.P.No.19892/99 and connected cases and Ext.P4 came to be set aside. Thereafter, the petitioners applied for assignment of the two cents of land. Apparently, a decision on the application was kept pending, awaiting consent from the local authority which was also granted as per Ext.P7. Pending the application for assignment, Ext.P9 notice was issued indicating that the market value of the land was fixed at amounts between Rs.15,350/- to 1,02,000/-, progressively enhanced from 1995-2000. A total W.P.(C).NO.7419/07 :: 2 :: amount of Rs.1,25,850/- was demanded from the petitioners and after giving credit to an amount of Rs.8,652/-, the balance amount of Rs.1,17,198/- was demanded. Ext.P10 is a consequential notice under the Revenue Recovery Act. Exts.P9 and P10 have been challenged in this writ petition. 2. After hearing learned counsel for the petitioners Mr.V.V.Asokan and Mr.Mathew George Vadakkel, Senior Government Pleader, I find that Ext.P9 notice, fixing the market value and the rent payable was issued, without notice to the petitioner. After all, the rental will have to be calculated under Exts.P3 and P3(a) as a percentage of the market value and consequently, the fixation of the market value should have been with notice to the petitioners. This has not been done. 3. Mr.Asokan further submits that the petitioners are willing to satisfy the demand made in Ext.P9, provided they are assigned the 2 cents of land. He refers to the counter affidavit filed by the respondents pointing out the expression of willingness in that regard in the counter affidavit. In the result, the writ petition is allowed in part. Ext.P9 is directed to be treated as a show cause notice and after notice to the petitioners, the 3rd respondent shall determine the market value of the 2 cents of land comprised W.P.(C).NO.7419/07 :: 3 :: in Survey No.428/2 of the Lokamalleswaram Village. Fresh orders, in this regard, shall be passed after notice to the petitioners, within six months from the date of receipt of a copy of this judgment. In the meanwhile, if the petitioners submit an application for assignment by a separate representation to be submitted before the 3rd respondent within one month from today, the 3rd respondent shall process the same and forward the same to the first respondent within one month thereafter. If the Government finds the proposal acceptable, the Government shall take a decision within the aforementioned time frame. Sd/- (V.GIRI) JUDGE sk/ //true copy//