IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 OP.No. 6377 of 1999(H) ---------------------- PETITIONER: ---------- M/S.GRASIM INDUSTRIES LIMITED, (FORMERLY, THE GWALIOR RAYON SILK MFG. (WVG.) CO. LTD. (PULP DIVISION),\ BIRLAKOOTAM, MAVOOR, KOZHIKODE, REPRESENTED BY ITS GENERAL MANAGER (FINANCE), MR.P.M.SIVAPRASAD. BY ADV. SRI.ANIL D.NAIR RESPONDENTS: ----------- 1. DISTRICT COLLECLTOR, KOZHIKODE. 2. SPECIAL DEPUTY TAHSILDAR, (ARREARS COLLECTION), RECOVERY, KOZHIKODE. BY GOVERNMENT PLEADER SMT.T.B.REMANI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.10817/99 IN OP.NO.6377/99 ------ Dismissed 17/3/2008 Sd/- P.R.RAMAN, JUDGE. APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE LETTER DTD.3/9/88 ISSUED BY THE PETITIONER. EXT.P1A TRUE COPY OF CALCULATION SHEET ATTACHED TO EXT.P1. EXT.P2 TRUE COPY OF LETTER DTD.3/6/96 ISSUED TO THE IST RESPONDENT. EXT.P3 TRUE COPY OF LETTER DTD. 26/3/97 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. EXT.P3A TRUE COPY OF STATEMENT ENCLOSED WITH EXT.P3. EXT.P4 TRUE COPY OF LETTER DTD. 7/4/97 ISSUED BY THE PETITIONER TO THE IST RESPONDENT. EXT.P5 TRUE COPY OF STATEMENT ENCLOSED WITH EXT.P4. EXT.P6 TRUE COPY OF STATEMENT SHOWING THE DETAILS OF THE CALCULATION OF THE AMOUNT MENTIONED IN A NOTICE DTD. 26/2/1998. EXT.P7 TRUE COPY OF JUDGMENT OF THIS COURT IN O.P.NO.4444/98. EXT.P8 TRUE COPY OF THE LETTER DTD. 25/7/98 ISSUED BY THE PETITIONER TO THE IST RESPONDENT. EXT.P9 TRUE COPY OF THE NOTES OF ARGUMENTS SUBMITTED BY GRASIM INDUSTRIES TO THE IST RESPONDENT. EXT.P10 TRUE COPY OF ORDER DTD. 18/2/99 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. EXT.P11 TRUE COPY OF RECOVERY NOTICE DTD.1/3/99 ISSUED BY THE 2ND RESPONDENT. EXT.P12 TRUE COPY OF DECREE IN LAR.NO.L73/83 PASSED BY THE SUB COURT, KOZHIKODE. P.R.RAMAN, J. --------------------------- O.P.No.6377 OF 1999 ---------------------------- Dated this the 17th day of March, 2008 JUDGMENT The Revenue Recovery proceedings initiated against the petitioner is under challenge. Obviously the State acquired the land for the petitioner- Company under the Kerala Land Acquisition Act. Presumably this is based on the agreement entered into between the State and the party for whom the land was acquired agreeing to pay whatever amount due and payable towards compensation. Subsequently, the land was acquired and the petitioner was put in possession of the same. Later, the owners of the property sought enhancement and thereupon the land acquisition proceedings. Ultimately, the State paid the amounts due as per the awards. But in spite of the demand raised by the State, the petitioner did not pay the amount. Hence, the State sought to recover the amount. There is a further dispute regarding the actual amount due and payable by the petitioner. Ext.P10 series is the statement furnished by the State. It also gives the Land Acquisition Reference Number. Whether or not these amounts are already paid is not a matter to be considered by this Court under Article 2276 of the -2- O.P.No.6377/99 Constitution, but purely an adjudication to be made by a civil court. The Revenue Recovery Act provides such amble remedies to the petitioner to move before the civil court for adjudication. Without referring to such remedies this original petition under Article 226 of the Constitution is filed before this Court. I am not inclined to adjudicate such factual dispute regarding the whole amount payable especially since the materials are produced based on which no such calculation could be correctly arrived at. Therefore, the petitioner's right to seek appropriate relief in accordance with law is left open. In view of the fact that the revenue recovery proceedings were stayed by this Court, I direct that the stay will continue for a period of one month, within which time the petitioner may work out his remedies as may be advised. Original Petition is disposed of a above. P.R.RAMAN, Judge. kcv. -3- O.P.No.6377/99