IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 WA.No. 2932 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.31146/2006 Dated 16/10/2009 .................... APPELLANT(S): RESPONDENTS IN WPC ------------------------------------------------------ 1. SECRETARY TO GOVERNMENT, REVENUE (G) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, CIVIL STATION, KANNUR. 3. THE TAHSILDAR, TALIPARAMBA. 4. THE VILLAGE OFFICER, VELLAD, KANNUR DISTRICT. 5. THE SUB REGISTRAR, ALAKODE. 6. THE VILLAGE OFFICER, ALAKKODE. BY SENIOR GOVERNMENT PLEADER SRI.M.R.SABU RESPONDENT(S): PETITIONER ------------------------------------------ MRS.KUMARI VARMA, D/O.LATE P.R.RAMA VARMA, VARMA RAJA, ALAKKODE HOUSE, ALAKKODE P.O., KANNUR DISTRICT. ADV. SRI.MKS.MENON FOR R1 ADV. SRI.C.K.SREEJITH FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J & ANTONY DOMINIC, J. ---------------------------------------------- W.A.No.2932 of 2009 ---------------------------------------------- Dated this the 29th day of March, 2011 JUDGMENT Antony Dominic, J. The State of Kerala and others have filed this appeal against the judgment in W.P(C).No.31146 of 2006. 2. The Writ Petition was disposed of along with W.P(C).No.7105 of 2007 and W.P(C).No.26694 of 2008 by judgment dated 16th October, 2009. Writ Petition No.31146 of 2006 was filed by the respondent challenging the revenue recovery proceedings that were initiated by the appellants against two items of properties, one having an extent of 110 acres of land and other having an extent of 8 acres of land. In the judgment under appeal, in so far as it is relevant, the learned Single Judge ordered thus: “110 acres of land shall not be alienated or encumbered by the petitioner, till the amount due to the Government is assessed and paid by the petitioner. The petitioner is free to deal with 8 acres of land comprised in R.S.No.53/1A of Alakkode Village. The attachment in respect of the said property is lifted.” 3. Writ Petition Nos.7105 of 2007 and 26694 of 2008 were disposed of quashing the notification issued under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003, declaring the properties as Ecologically Fragile Land. Writ Appeal WA.2932/09 2 Nos.2584 and 2586 of 2009 filed by the appellants were dismissed by a Division Bench of this Court by judgment dated 3rd February, 2011. Aggrieved by the judgment, the appellants have filed SLP.Nos.6622 and 6623 of 2011 and the Apex Court by its order dated 4.3.2011, admitted the petitions and ordered that the parties shall maintain status quo, as it existed then. In this Writ Appeal, filed by the State, the grievance of the appellants is confined to the direction of the learned Single Judge that the respondents herein are free to deal with 8 acres of land comprised in R.S.No.53/1A of Alakkode Village. It is submitted that substantial amounts are due to the appellants, for which revenue recovery proceedings were initiated both against 110 acres and 8 acres of land and that the properties were under attachment. According to the appellants, in case the appeals filed by the State before the Apex Court are allowed and the notification declaring the 110 acres of land as ecologically fragile land is upheld, the said property will not be available to be proceeded against for recovering their dues. Therefore, it is contended that if the attachment in respect of the 8 acres of land is ordered to be lifted and the property is alienated by the respondent herein, the appellant will be left with no asset belonging to the respondent to proceed against and realise the dues to the Government. WA.2932/09 3 4. Learned counsel for the respondent, on the other hand, would submit that a suit for remission of the liability that is sought to be enforced against the property is pending and that if final decree is passed in her favour, there will be no liability at all to be enforced by the State. Therefore, according to the respondent, there is no basis for the apprehension expressed by the appellants. 5. However, as at present, substantial amounts are due to the appellants. As rightly contended by the learned Government Pleader, if the Special Leave Petitions pending before the Supreme Court are allowed, the 110 acres of property will remain Ecologically Fragile land and will not be available to be proceeded against. Therefore, we see substance in the submission made by the learned Government Pleader that 8 acres of land, the attachment of which is ordered to be lifted, should be safeguarded, so that the interest of the appellants will be protected. Taking note of all these aspects, we direct that; (i) The attachment in respect of the 8 acres of land comprised in R.S.No.53/1A of Alakkode Village will stand lifted as ordered by the learned Single Judge. (ii) The respondent shall be free to enjoy the property, but shall not alienate or encumber WA.2932/09 4 the said property and keep it free from any liability, until the SLP.Nos. 6622 and 6623 of 2011 filed before the Supreme Court against the judgment in the Writ Appeal are disposed of by the Apex Court. (iii) If the aforesaid SLPs are decided in favour of the State and the 110 acres of land mentioned above are not available to be proceeded against, it will be open to the appellants to continue the revenue recovery proceedings against the 8 acres of land mentioned above. (iv) If the SLPs are dismissed, it will be open to the respondent to deal with the abovementioned 8 acres of land in the manner as directed by the learned Single Judge. Writ Appeal is disposed of as above. J.CHELAMESWAR, CHIEF JUSTICE ANTONY DOMINIC, JUDGE vgs