IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 OP.No. 22105 of 2000(F) ----------------------- PETITIONER(S): --------------- REV. FR.G.L.THERMADOM, VICAR, ST.ANTONY'S CHURCH, AMMADOM POST, THRISSUR. BY ADV. SRI.JOHN JOSEPH VETTIKAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP. BY ITS CHIEF SECRETARY, GOVT. OF KERALA, SECRETARIAT, TRIVANDRUM. 2. THE SPECIAL SECRETARY, REVENUE(R) DEPARTMENT, GOVT. OF KERALA, TRIVANDRUM. 3. THE DEPUTY COLLECTOR, LAND REFORMS (LAND TRIBUNAL) COLLECTORATE, THRISSUR. 4. THE SPECIAL TAHSILDAR, LAND REFORMS THRISSUR. G.P. SRI.MATHEW VADAKKEL FOR R1TO4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO.37173/2000 IN O.P. NO.22105/2000 DISMISSED: 13.8.2009 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF GOVT. ORDER DT.11.12.1973 SANCTIONING THE PAYMENT OF INTERIM ANNUITY FOR THE YEARS 1970,1971,1972 & 1973. P2: TRUE COPY OF GOVT. ORDER DT.25.9.1975 .DO. 1974&1975. P3: TRUE COPY OF REPRESENTATION DT.30.11.1981 SUBMITTED BY PETITIONER TO R2. P4: TRUE COPY OF LETTER DT.7.12.1999 ISSUED BY R2 TO THE PETITIONER. P5: TRUE COPY OF REPRESENTATION DT.10.3.2000 SUBMITTED BY PETITIONER TO R2. P6: TRUE COPY OF THE ORDER DT.16.5.2002. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.22105 of 2000 .................................................................... Dated this the 13th day of August, 2009. JUDGMENT The petitioner is challenging Ext.P6 whereunder petitioner's entitlement for annuity payable under Section 65 of the Kerala Land Reforms Act is fixed at Rs.3,271/-. The petitioner has referred to Exts.P1 and P2 orders dated 11.12.1973 and 17.9.1975 wherein the interim annuity payable to the petitioner was Rs.3,364/- and Rs.3,292/- respectively based on an annual contract rent of Rs.8,910/-. Even though no counter affidavit is filed by the State, Government Pleader submitted that records were wanting and therefore, Church authorities were called upon to furnish details. From the details furnished by them it is clear that the Jenmom rights for the Church was for 37.14 acres and that led to reduction of annuity and the Jenmom for the balance lands were with Vadakkunnathan and Peruman Cheria Kalam Devaswom. The petitioner's case is that before Ext.P6 was issued, petitioner was not heard to establish his claim. Further, the contention raised is that annual contract rate of rent based on which annuity is payable is not determined in Ext.P6. Since Section 65(3) of the Land Reforms Act provides for payment of annuity based on the annual 2 contract rent, it is the duty of the Revenue authorities to determine the same before finalising the annuity payable to the petitioner. In the circumstances, O.P. is disposed of vacating Ext.P6 and with direction to the Revenue Department to fix the annuity after calling for and verifying records and after considering the contention of the petitioner, within a period of six months from the date of production of copy of this judgment by the petitioner. C.N.RAMACHANDRAN NAIR Judge pms