IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 8984 of 2006(T) ------------------------------------- PETITIONER: ------------------- P.K.DAMODARAN, POOVANKAL HOUSE, KANNEERVADI, MALOTH VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT, NOW RESIDING AT MUKULEL HOUSE, ERANJIKKODE, KOLAPPAD, EDAVANNA, MALAPPURAM. BY ADV. SRI.K.G.ANIL BABU. RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, KASARAGOD. 2. THE TAHSILDAR, HOSDURG TALUK, KASARAGOD. 3. THE VILLAGE OFFICER, MALOTH VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY GOVT. PLEADER SRI. MOHAMMED ANZAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8984/2006-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER NO. K8-1886/98 DTD. 27/02/2001 ALONGWITH ITS D.C.B. STATEMENT ISSUED BY THE ASSISTANT EXCISE COMMISSIONER, KOTTAYAM TO THE DISTRICT COLLECTOR, KASARAGOD. EXT.P.2: COPY OF THE LETTER NO. C5/5440/98/L.DIS. DTD. 31/08/05 ISSUED BY THE TAHSILDAR, REVENUE RECOVERY, PALA TO THE R.2. EXT.P.3: COPY OF THE DEMAND NOTICE DT.D 06/02/06 ISSUED TOT HE PETITIONER BY THE R.3. EXT.P.4: COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE R.3. WITH COPIES TO THE 1ST AND 2ND RESPONDENTS DTD. 10/03/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.8984 of 2006 ---------------------------------------------- Dated 29th October, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- (i) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the papers leading upto Ext.P3 and the order No.B2.9561/01 dated 18.5.2005 issued by the first respondent and quash the same. (ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to return the land of 3 acres in Sy.No.147/7A of Maloth Village, Hosdurg Taluk to the petitioner at the earliest or at any rate within a time limit to be fixed by this Honourable Court.” It is submitted that the licensee, Sri.K.J.Mathew has cleared the entire liability. Therefore, the petitioner prays for the benefit of the decision in Bhaskaran v. Sub Registrar (2005(3) KLT 150) in the matter of collection charges and also for return of the land. The matter is to be examined by the first respondent. There will be a direction to the first respondent to look into the grievances of the petitioner with notice to the petitioner and Sri.K.J.Mathew, and take appropriate action in the light of the decision referred to above, within three months from the date of production of a copy of the judgment along with a copy of the writ petition by the WP(C) NO.8984/2006 2 petitioner. The fate of the steps taken by the petitioner pursuant to the interim order passed by this court will depend on the outcome of the order passed by the first respondent. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.8984 of 2006 ---------------------------------------------- J U D G M E N T Dated 29th October, 2008.