IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 WA.No. 2047 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.2008/2009 Dated 25/05/2009 .................... APPELLANT(S): -------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE (H) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, CIVIL STATION, KOZHIKODE. 3. THE TAHSILDAR(REVENUE RECOVERY), CIVIL STATION, KOZHIKODE. 4. ASSISTANT COMMISSIONER, (ASSESSMENT) COMMERCIAL TAXES, SPECIAL CIRCLE II, KOZHIKODE. BY G.P. SRI. MOHAMMED RAFEEQ RESPONDENT(S): --------------- K.V. ALI KOYA, FAYAZ MANZIL, KOTTARAM RESIDENCE ROAD, PANNIAMKARA, KOZHIKODE-03. SRI.P.C.SASIDHARAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W. A. No. 2047 of 2009 -------------------------------------------- Dated this the 3rd day of August, 2010 JUDGMENT Ramachandran Nair, J. The issue raised in this Appeal by the State is covered against the respondent vide our judgment in W.A.No. 1742 of 2009 dated 9.7.2010. However, this is a case where the property purchased by the State is half share in 7 cents of land and a residential building owned by the respondent along with his brother. Even though the property was purchased by the State and sale was confirmed on 5.9.1999, thereafter State has not applied for partition of the property to get it's share independently. Respondent has settled the liability under Amnesty Scheme on 27.3.2003. Considering the fact that the original liability was only Rs. 69,323/- and respondent settled the liability along with part of interest, we grant relief to the respondent by setting aside the sale on respondent remitting Rs. 75,000/- within three months from today before the Tahsildar. On deposit of the amount, the Tahsildar will issue receipt for the same. On payment of the amount as above, WA 2047/2009 2 the sale made in favour of the State and confirmation of sale will stand cancelled and the right of the respondent in the land and building will revert back to the respondent. However, if default is committed in making payment as above, Writ Appeal will stand allowed and Writ Petition will stand dismissed. Writ Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk WA 2047/2009 3