IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 14386 of 2009(P) -------------------------- PETITIONER(S): --------------- M.V. SEBASTIAN, S/O. VARUNNY, MALIEKKAL PALLIPARAMBIL HOUSE, KATTOOR, THRISSUR, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, M.V. PIUS, AGED 50 YEARS, S/O. VARUNNY. BY ADV. MR. V.M.KRISHNAKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE TAHSILDAR, TALUK OFFICE, IRINJALAKUDA. 4. THE VILLAGE OFFICER, KATTOOR VILLAGE OFFICE, KATTOOR, THRISSUR. BY GOVERNMENT PLEADER MR. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 14386 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 1st day of June, 2009 JUDGMENT The claim of the petitioner, who was a defaulter, before the Sales Tax Authorities is that, his application for reconveyance of the land taken over by the Government, with regard to the concerned extent of undivided share (2/33 share of the petitioner) under Section 50 (2) of the Kerala Revenue Recovery Act has been turned down, insisting for payment of very high amount stated as payable by the petitioner as 'market value' of the property, in tune with Ext.P1 Government Order. 2. The learned counsel for the petitioner submits that, fixation of market value as above is absolutely without any rhyme or reason, particularly when the right of petitioner is only to an extent of 2/33 of undivided share and it was for this reason, that there appeared no bidders as well, which made the Government to take over the property invoking the relevant provisions under the Kerala Revenue Recovery Act. 3. Heard the learned Government Pleader as well. WP (C) No. 14386 of 2009 : 2 : 4. Considering the sequence of events and the particular nature of the contentions raised by the petitioner, the first respondent is hereby directed to consider Ext.P1 representation preferred by the petitioner for reddressal of his grievance in accordance with law and also after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of copy of this judgment. The Writ Petition is disposed of as above. P. R. RAMACHANDRA MENON, JUDGE kmd