IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 29603 of 2009(U) -------------------------------------- PETITIONER(S): ---------------------- MOLLYAMMA ANTONY, AGED 54 YEARS,W/O.P.J.ANTONY, PATTARA PUTHENPARAMBIL, MUHAMMA P.O.,ALAPPUZHA. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE 2. DISTRICT COLLECTOR,ALAPPUZHA. 3. TAHSILDAR,CHERTHALA. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.29603/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT DATED 20/6/2008 PASSED BY THIS HONOURABLE COURT IN WP(C) NO.18053 OF 2005. P2 COPY OF THE INTERIM ORDER DATED 7/11/2008 PASSED BY THIS HONOURABLE COURT IN I.A.NO.12782 OF 2008 IN WP(C) NO. 18053 OF 2005. P3 COPY OF THE INTERIM ORDER DATED 12/12/2008 PASSED BY THIS HONOURABLE COURT IN I.A.15512 OF 2008 IN WP(C) NO. 18053 OF 2005. P4 COPY OF THE CERTIFICATE NO.13010012/81-82 TO 86-87 DATED 22/12/2008 ISSUED BY ASSISTANT COMMISSIONER (ASSMT),COMMERCIAL TAXES, ALAPPUZHA. P5 COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 1/1/2009. RESPONDENT'S EXHIBITS: R3(A) COPY OF THE GOVERNMENT ORDER DATED 26/9/2008. /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J. ================ W.P.(C) NO. 29603 OF 2010 ===================== Dated this the 24th day of November, 2010 J U D G M E N T Petitioner submits that for realising sale tax dues, petitioner's 50 cents of property situated in Survey No.118/1 was sold in the Revenue Recovery Proceedings. However, in Ext.P1 judgment rendered by this court in WPC No.18053/05, petitioner was ordered to be given the benefit of an Amnesty Scheme. According to the petitioner, as per the directions in the judgment, within the extended time granted, he remitted the entire dues, which was accepted by the respondents as per Ext.P4 certificate. His complaint is that, inspite of the payments made, property has not been reconveyed and tax is also not accepted. It is with this grievance, this Writ Petition is filed. 2. In paragraphs 7 and 8 of the counter affidavit filed by the respondents, it is stated thus: “It is submitted that for the reconveyance of bought in land prior sanction from Government is required. The District Collector has sought sanction from Government. As per the directions received W.P.(C) NO. 29603 OF 2010 2 from Government a Writ Appeal is filed against the judgment in WPC No.18053/2005 as WA No. 1261/2010. It is further submitted that the above writ appeal is dismissed on the ground of delay on the part of the Government in Writ Appeal. Thereafter an SLP was proposed and preferred before the Honourable Supreme Court as SLP (C) No.32022/2010. This Special Leave Petition is pending consideration of the Hon'ble Supreme Court. It is submitted that the petitioner prayer to effect mutation of the property as per the judgment in WA No.1261/2010 when the acceptance of the land tax can only be done by this respondent subject to the result of the SLP pending before the Honourable Supreme Court. It is most respectfully submitted that the orders of this Court in WPC No.18053/2005 as confirmed in WA No. 1261/2010 is under consideration by the Honourable Supreme Court. So it is most respectfully prayed that this Court may kindly be pleased to permit these W.P.(C) NO. 29603 OF 2010 3 respondents to take further steps in furtherance of the directions issued by this Honourable Court in WPC No.18053/2005 and WA No.1261/2010 subject to the result of the Special Leave Petition. It is most respectfully prayed that appropriate orders may kindly be passed in the above writ petition accordingly.” 3. In view of the above averments in the counter affidavit, it is directed that subject to the outcome of the Special Leave Petition, respondents shall take further action based on Ext.P1 judgment, as undertaken in the counter affidavit. This shall be done at any rate, within six weeks from the date of receipt of copy of this judgment. ANTONY DOMINIC, JUDGE. ln