IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 26706 of 2010(K) -------------------------- PETITIONER(S): ------------------------ LAKSHMI, D/O. DARAPPAN, AGED 57 YEARS, GANAPATHY KOLLY, NEERVARAM P.O., PANAMARAM, WAYANAD DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-69001. 2. THE DISTRICT COLLECTOR, CIVIL STATION, KALPETTA NORTH, WAYANAD-673122. 3. THE REVENUE DIVISIONAL OFFICER, MANANTHAVADY, WAYANAD DISTRICT-670645. 4. KUNJIRAMAN NAMBIAR, RAM NIVAS, NEERVARAM, PANAMARAM, WAYANAD DISTRICT-670721. ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE FOR R-4 SRI.T.RAMPRASAD UNNI FOR R-4 SR.GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2011, ALONG WITH WPC NO.17658 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.26706/10 APPENDIX PETITIONER'S EXHIBITS EXT.P1: PHOTOCOPY OF THE TAX RECEIPT DATED 3.2.1966. EXT.P2: PHOTOCOPY OF THE TAX RECEIPT DATED 8.3.1978. EXT.P3: PHOTOCOPY OF THE ORDER NO.KST 1371/87 DATED 26.3.1996. EXT.P4: PHOTOCOPY OF THE AGREEMENT DATED 6.6.1997. EXT.P5: PHOTOCOPY OF THE JUDGMENT IN WPC 7207/08 DATED 2.4.2008. EXT.P6: PHOTOCOPY OF THE COMMISSION REPORT DATED 5.1.2009 FILED IN O.S.123/08. EXT.P7: PHOTOCOPY OF THE REPORT DATED 25.1.2010. EXT.P8: PHOTOCOPY OF THE ORDER DATED 16.1.2010. EXTS OF R4 EXT.R4(a): TRUE COPY OF THE PARTITION DEED NO.1025/1959 OF THE MANANTHAWADY SUB REGISTRAR'S OFFICE (WITH RELEVANT PAGES OF THE SCHEDULE). EXT.R4(b): TRUE COPY OF THE CONSENT LETTER GIVEN BY SRI.O.T.NARAYANAN NAMBIAR. EXT.R4(c): TRUE COPY OF THE REVENUE AND PLANTATION TAX RECEIPT. EXT.R4(d): TRUE COPY OF THE PLANTATION TAX ASSESSMENT ORDER. EXT.R4(e): TRUE COPY OF THE AGRICULTURAL INCOME TAX ORDER. EXT.R4(f): TRUE COPY OF THEPROCEEDINGS IN S.M.C.1183 OF 1973 on the FILE OF THE ADDITIONAL LAND TRIBUNAL, MANANTHAVADY. EXT.R4(g): TRUE COPY OF THE PURCHASE CERTIFICATE DT 17.12.1974 ISSUED BY THE MANANTHAVADY LAND TRIBUNAL. EXT.R4(h): TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 1966-67. EXT.R4(i): TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 1967-68. EXT.R4(j): TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 1968-69. WPC NO.26706/10 -2- EXT.R4(k): TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 1994-95. EXT.R4(l): TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 1996-97. EXT.R4(m): TRUE COPY OF THE ORDER DATED 16.1.2010 OF THE DISTRICT COLLECTOR, WAYANAD. EXT.R4(n): TRUE COPY OF THE ORDER ALONG WITH THE PETITION FOR INJUNCTION IN OS NO.48 OF 2009 ON THE FILE OF THE SUB COURT, SULTHAN BATHERY. EXT.R4(o): TRUE COPY OF THE PETITION DATED 27.2.2010 IN OS 48 OF 2009 BEFORE THE SUB COURT, SULTHAN BATHERY. EXT.R4(p): TRUE COPY OF THE ORDER DATED 19.3.2010 IN IA NO.220/2010 IN OS 48 OF 2009 BEFORE THE SUB COURT, SULTHAN BATHERY. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NOs. 26706 OF 2010 & 17658 OF 2011 ======================= Dated this the 1st day of September, 2011 J U D G M E N T The issue raised in these writ petitions are between the same parties and concerning the same property. 2. In WP(C) No. 26706/10, what is under challenge is Ext.P8 order passed by the District Collector. Petitioner herein is a member of Kurichya community, a scheduled tribe. According to the petitioner, her father late Sri.Darappan owned 2.10 acres of agricultural property situated in R.S.No.138/1 of Panamaram Village of Mananthavady Taluk. On an application made by the petitioner under the provisions of the Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975, the Revenue Divisional Officer passed Ext.P3 order directing the land which was allegedly in the possession of of the 4th respondent herein to be restored to the petitioner. 3. However, that order was set aside by the District Collector in an appeal filed by the 4th respondent. This order is Ext.P8. It is challenging the said appellate order of the District W.P.(C) NOs. 26706 OF 2010 & 17658 OF 2011 :2 : Collector, WP(C) No. 26706/10 is filed. Apart from the contentions on the merits, the main contention raised in the writ petition is that the order has been passed without issuing notice to the petitioner. 4. In so far as WP(C) No. 17658/11 is concerned, that has been filed by the 4th respondent referred to above and he claims that the revenue authorities should be directed to accept tax in respect of the property mentioned in Ext.P8 order referred to above, which has been produced here as Ext.P1. 5. I have heard the learned counsel for the parties concerned. 6. In so far as WP(C) No. 26706/10 is concerned, admittedly Ext.P8 order passed in favour of the petitioner herein was set aside in an appeal filed by the 4th respondent by Ext.P8 order passed by the District Collector and that too without issuing notice to the petitioner. This procedure adopted by the District Collector is clearly in violation of the principles of natural justice and therefore, Ext.P8 order has to be set aside for that reason itself. Accordingly, Ext.P8 order in WP(C) No. 26706/10 will stand W.P.(C) NOs. 26706 OF 2010 & 17658 OF 2011 :3 : set aside and the District Collector is directed to reconsider the appeal filed by the 4th respondent with notice to the petitioner herein and the 4th respondent and pass fresh orders in the matter. This shall be done as expeditiously as possible, at any rate within 3 months of production of a copy of this judgment 7. In so far as WP(C) No. 17658/11 is concerned, now that Ext.P8 order on the strength of which tax was sought to be paid has been set aside, there arise no question of directing acceptance of tax on the strength of the said order. This writ petition will stand dismissed, but however, it will be open to the petitioner to urge his claim once fresh orders are passed in the appeal. WP(C) No.26706/10 is disposed of and WP(C) No.17658/11 is dismissed. ANTONY DOMINIC, JUDGE Rp