IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 WP(C).No. 4540 of 2005(M) ------------------------- PETITIONER(S): --------------- K.K.TOMY @ ABRAHAM TOMY, S/O.ABRAHAM, AGED 44, KARAKOMBIL HOUSE, NADUKANI P.O., KOTHAMANGALAM. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT., DEPARTMENT OF FOREST, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, VAZHACHAL DIVISION, CHALAKUDY, TRICHUR. 3. THE DEPUTY TAHSILDAR, (REVENUE RECOVERY) KOTHAMANGALAM. 4. THE VILLAGE OFFICER, KOTHAMANGALAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J. --------------------------------- WP(C) NO. 4540 OF 2005 ----------------------------------- Dated this the 7th day of September, 2009 J U D G M E N T The petitioner is challenging Revenue Recovery proceedings initiated against him pursuant to Ext.P2 notice, for recovery of Forest dues amounting Rs.32,995/-. According to the petitioner, he had auctioned the right to cultivate forest land extending to 10 hectors, comprised in Vazhachal Range, for a period of two years, in the year 1990. He had executed agreement No. 11/1990 and 12/1990 dated 30.04.1990 in this regard. But according to the petitioner, the fallen timber in the area in question was not removed by the forest authorities within any reasonable time and therefore the petitioner could not effect any cultivation therein. In the year 1995, the respondent initiated Revenue Recovery action against the petitioner for realisation of a sum of Rs.14,083/-, which the petitioner had remitted, since he was intending to contest in the elections to the local bodies. Ext.P1 and P3 are the clearance certificates issued in this regard. Further in the year 2001, Ext.P2 notice was issued demanding recovery of another sum of Rs.32,995/-. According to the petitioner, Ext.P2 notice was not served on him, since he was doing agricultural activities in the State of WPC NO.4540/2009 2 Karnataka and only when the petitioner contacted the village authorities in connection with mutation of properties of his deceased father, he came to know about Ext.P2. According to the petitioner, the amount covered under Ext.P2 was not actually due and hence he had approached this Court in this Writ Petition. During pendency of the Writ Petition, by virtue of interim order dated 05.09.2005, this Court directed the respondent to receive the entire arrears, which the petitioner had offered for payment in order to enable him to conduct the elections. According to the petitioner, he had thus paid the entire amount. Learned Government Pleader on instructions submits that, the entire amount due from the petitioner had already been received and the Revenue Recovery steps had already been dropped. The above statement is recorded and the Writ Petition is closed as infructuous. C.K.ABDUL REHIM JUDGE dnc