IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 OP.No. 7571 of 1999(B) ---------------------------------- PETITIONER: -------------------- T.KAMALUDEEN MUSALIAR, SITARA ASHRAMAM, KOLLAM – 2. BY ADV. SRI.V.N.ACHUTHA KURUP (SR.) SRI.B.S.SWATHY KUMAR RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE TAHSILDAR, PATHANAPURAM. BY GOVERNMENT PLEADER SRI. M.P.SREEKRISHNAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.12709/1999 IN O.P.NO.7571/1999 B DISMISSED 6/02/2008 SD/-K.M.JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DTD. 15/02/94 SENT BY TWO OF THE PETITIONER'S BROTHERS TO GOVT. EXT.P2: COPY OF THE REPRESENTATION DTD. 25/05/98 SENT BY TWO BROTHERS OF PETITIONER TO 2ND RESPONDENT. EXT.P3: COPY OF NOTICE DTD. 14/12/98 SENT BY 3RD RESPONDENT TO THE PETITIONER DEMANDING RS.4,10,547/-. EXT.P4: COPY OF NOTICE U/S 7 OF REVENUE RECOVERY ACT DTD. NIL SENT BY 3RD RESPONDENT TO THE PETITIONER. EXT.P4(A): COPY OF NOTICE U/S 34 OF THE REVENUE RECOVERY ACT DTD. NIL SENT BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P5: COPY OF THE RELEVANT PORTION OF THE ORDER NO. C.C.422/PPH DTD. 11/07/78 OF TALUK LAND BOARD, PATHANAPURAM. /TRUE COPY/ P.S.TO J UDGE Kss K. M. JOSEPH, J. -------------------------- O.P NO. 7571 OF 1999 B -------------------------- Dated this the 6th February, 2008 JUDGMENT Case of the petitioner in brief is as follows: Petitioner's father was the Kuthakapattom lessee of 11 acres and 37 cents of land. The lease amount was being paid regularly by the father of the petitioner till his death and thereafter his legal heirs including the petitioner. The lease amount had been enhanced from time to time and such amounts were being paid till 1998. The lease amount was Rs.434/=. Later on, Ext.P3 has been served on the petitioner stating that he is in possession of Nine acres and sixty cents of Kuthakapattom land, and that a sum of Rs.4,10,547/= is in arrears towards Kuthakapattom amount till the year 1997 and called upon him to remit the said amount without delay, failing which the land will be resumed and steps will be taken for recovery of the amount. It is also stated that the application for assignment will be OP NO.7571/99 B 2 considered only after the amount is remitted. Exts.P4 and P4(a) are the proceedings taken by the third respondent Tahsildar under Sections 7 and 34 of the Revenue Recovery Act calling upon the petitioner to remit Rs.4,27,828/=. It was stated therein that if the amount is not paid, the properties of the petitioner will be attached and sold. Petitioner calls in question Exts.P4 and P4 (a). A Counter Affidavit has been filed on behalf of the third respondent. 2. Heard Shri V.N. Achutha Kurup, learned counsel appearing for the petitioner and also the learned Government Pleader. 3. Shri V.N. Achutha Kurup would contend that the petitioner has paid the lease rent till the year 1998 and Ext.P3 would show that a huge amount has been demanded as lease rent upto 1997. It is contended that the lease rent is apparently demanded on the basis of the revised rent. But, it is pointed out OP NO.7571/99 B 3 that there was no notice issued prior to the demand in Ext.P3. It is further submitted that the application for assignment is kept pending for payment of the amount shown in Ext.P3. Learned Government pleader, on the other hand, would point out that it is not correct that there was no notice. The notice which the Government Pleader points out is Ext.P3 by which the petitioner was called upon to remit the amount shown therein. 4. In such circumstances, the Original Petition is disposed of as follows: Ext.P3 will be treated as a notice. It is open to the petitioner to raise such written objection as he is advised to, within a period of one month from the date of receipt of a copy of this Judgment, before the third respondent. The third respondent will afford an opportunity of hearing also to the petitioner and take a decision in the matter within a further period of two months from the date of receipt of the written objection. Till such time as a decision is taken on the objections OP NO.7571/99 B 4 of the petitioner, proceedings pursuant to Ext.P3 shall be kept in abeyance on condition that the petitioner deposits a sum of Rs.50,000/= (Rupees Fifty Thousand) within one month from today. K. M. JOSEPH, JUDGE kbk. K. M. JOSEPH, J. O.P NO. 7571 OF 1999 B JUDGMENT 6th February, 2008.