IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 29752 of 2007(P) ----------------------------------------- PETITIONER(S): ----------------------- DEVIVILASOM LPS, MANACAUD, VADAKKEVILA P.O., KOLLAM 691010 REPRESENTED BY ITS MANAGER M.THULASI BAI. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KOLLAM. 4. THE TAHSILDAR, KOLLAM. GOVERNMENT PLEADER SMT.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29752/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE RECEIPT DT. 20.3.95 EVIDENCING PAYMENT OF KUTHAKAPATTOM AMOUNT FOR THE YEAR 1994-95. P2:- COPY OF THE RECEIPT DT. 29.3.96 EVIDENCING PAYMENT OF KUTHAKAPATTOM AMOUNT FOR THE YEAR 1995-96. P3:- COPY OF THE RECEIPT DT. 1.2.05 EVIDENCING PAYMENT OF KUTHAKAPATTAM AMOUTN FOR THE YEAR 1998-05. P4:- COPY OF THE ORDER DT. 10.9.07 ISSUED BY THE IST RESPONDENT. P5:- COPY OF THE ORDER DT. 20.9.07 PASSED BY THE 4TH RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss V. GIRI, J. ------------------------------- WP(C).NO. 29752/2007 --------------------------------- Dated this the 3rd day of October, 2008. JUDGMENT The petitioner is an LP school and is functioning in 20.20 ares of Government land situated in Vadakkevila village. The land was originally demised in favour of the petitioner by way of Kuthakapatom. Kuthakapattom originally payable was only Rs.70 p.a. The petitioner is aggrieved by Ext.P4 order by which the lease rent was revised with retrospective effect from 1985-86. This, the petitioner claims is illegal on several counts. Apparently, no notice was issued to the petitioner nor was the petitioner heard before Ext.P4 order was passed. 2. This submission is correct. In the circumstances, the writ petition is allowed. Ext.P4 order is quashed. The Government shall issue fresh notice to the petitioner, hear the petitioner and then pass an order. This shall be done within six months from the date of receipt of a copy of this judgment. V. GIRI, JUDGE. Pmn/ WPC. /2008 2