IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 WP(C).No. 18361 of 2010(U) -------------------------- PETITIONER(S): --------------- DAVIS KAREDAN, S/O.JOHN KAREDAN, AGED 52, C4-15/47, GOOD EARTH HAVELI, EROOR WEST.P.O, NADAMA VILLAGE, KANAYANNUR TALUK. ADDL. PETITIONER: RAVEENDRAN, S/O. LATE KORAMBI KRISHNAN, KOLLIMATTATHIL HOUSE, THEKKUMBHAGAM, NADAMA, THRIPUNITHURA. (ADDL. PETITIONER IMPLEADED AS PER ORDER IN IA 8459/2010 DT.30.6.2010) BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF EXCISE, ERNAKULAM. 3. THE REVENUE DIVISIONAL OFFICER, FORT COCHIN. 4. THE TAHASILAR (RR), TALUK OFFICE, ERNAKULAM. 5. THE VILLAGE OFFICER, NADAMA VILLAGE, TRIPUNITHURA. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 18361 of 2010-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of June, 2010. JUDGMENT The petitioner herein claims to be the absolute owner of 9 cents 400 sq. links of land in Sy. No.1377/3, 2 cents 700 sq. links in Sy. No.1377/1 and 980 sq. links in Sy. No.1377/2 of Nadama Village. It was obtained as per document No.1620 of 2007 of S.R.O., Tripunithura. The petitioner effected mutation of registry of the said 9 cents 400 sq. links of land in his name and has been paying tax. 2. There was some proceedings against the original owner, late Korambi Krishnan who was the licensee of toddy shop No.56 of Thripunithura Range for the years 1968-69 and 1969-70, who committed default of Rs.19,215/- towards kist amount and Rs.728/- towards interest. On 30.9.2009, pursuant to the said proceedings, the fifth respondent took possession of an extent of 14.750 cents of land including the land covered by Ext.P1, under a mahazar. The first respondent, by Ext.P6 letter, informed that the brought in land for excise arrears will be reconveyed to the original owner if he applies within a period of two years from the date of sale confirmation and clears all existing arrears. wpc 18361/2010 2 3. Thereafter, the petitioner approached the third respondent and he applied under the Right to Information Act for getting copy of the order of confirmation of sale. Ultimately the petitioner approached this Court by filing W.P.(C) No.4994/2009. This Court by Ext.P8 judgment, directed the third respondent to consider the application of the legal heir of deceased defaulter for re-conveyance of the property. Pursuant to the said direction, one Mr. Rajendran, the legal heir of deceased defaulter and the petitioner appeared before the third respondent and ultimately the request was rejected by Ext.P9. This writ petition is filed challenging Ext.P9. 4. Along with I.A. No.8459/2010, the petitioner has produced Ext.P10, a representation filed by the petitioner before the Government against Ext.P9 communication. It is prayed that the Government may be directed to take a decision on Ext.P10. 5. Heard learned Govt. Pleader for the respondents. 6. There will be a direction to the Government to take a decision on Ext.P10 after hearing the petitioner, within a period of four months from the date of receipt of a copy of this judgment. The petitioner will forward a wpc 18361/2010 3 copy of this judgment along with a copy of the writ petition for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/