IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 35749 of 2009(K) -------------------------- PETITIONER(S): --------------- SHOBHANA, DURGA BHAVANAM, CHAVARA, KARUNAGAPPALLY TALUK, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE TAHSILDAR, TALUK OFFICE, KARUNAGAPPALLY, KOLLAM. 4. THE TODDY WORKERS' WELFARE FUND BOARD, DISTRICT OFFICE, KOLLAM, REPRESENTED BY THE WELFARE FUND INSPECTOR. R1 TO R3 BY ADDL. A.G. SRI. RANJITH THAMPAN R4 BY STANDING COUNSEL SRI. RENIL ANTO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE APPLICATION DT.29.1.1994 SUBMITTED BEFORE R2. P1(a): TRUE COPY OF THE APPLICATION DT.12.12.1994 SUBMITTED BEFORE R2. P2: TRUE OCPY OF GOVT. ORDER DT.30.6.1965. P3: .DO. DT.22.3.96. P4: TRUE COPY OF LETTER DT.24.4.1997 OF R2. P5: TRUE COPY OF DEATH CERTIFICATE DT.10.5.1999 OF THE PETITIONER'S HUSBAND. P6: TRUE COPY OF PETITION DT.25.10.99 SUBMITTED BY PETITIONER BEFORE R2. P7: TRUE COPY OF PETITION SUBMITTED BY PETITIONER BEFORE THE HON'BLE CHIEF MINISTER. P8: TRUE COPY OF LETTER NO.6572/S2/09/REV. DT.28.8.2009 OF THE 1ST RESPONDENT. TRUE COPY PS TO JUDGE C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W.P.C. No. 35749 of 2009 -------------------------------------------- Dated this the 22nd day of June, 2010 JUDGMENT Ramachandran Nair, J. The prayer in the Writ Petition is for reconveyance of the land purchased by Government in revenue auction. The beneficiary for which revenue recovery proceedings were initiated is the Toddy Workers Welfare Fund. Since there was no buyer for the debt amount, the revenue recovery authorities purchased the property for the Government for Re. 1 in exercise of powers conferred under Section 50 (2) of the RR Act. We have heard counsel appearing for the petitioner, and Addl. Advocate General appearing for the respondents. Both sides agree that the issue is covered by judgment of this court reported in VARKEY V. STATE OF KERALA, (2008) 4 KLT 738 which is confirmed by a Division Bench decision of this Court in DISTRICT COLLECTOR V. SUBAIDA BEEVI, (2010) 1 K.L.T. 913 wherein this Court held that State cannot purchase property sold in public auction for recovery of amount due to other organisations. In this case, the beneficiary is Toddy Workers Welfare Fund. Counsel appearing for the petitioner submitted that petitioner has not cleared the arrears with WPC 35749/2009 2 interest because property is already lost to the petitioner on account of purchase by Government. It is for the petitioner to clear the entire arrears due to the Toddy Workers Welfare Fund and make a request to them to recall the revenue recovery proceedings. Once it is recalled, the Tahsildar will recall the order of purchase through a proceeding issued by him. Petitioner is given one month's time to clear the entire arrears due for which recovery is initiated and any other arrears that has fallen due subsequently with interest and on payment made, withdrawal certificate will be issued by the Toddy Workers Welfare Fund for the Tahsildar to issue cancellation order which should also be done within one month from the date of production of request from the Toddy Workers Welfare Fund. If the petitioner does not clear the arrears as above, then land will be conveyed to the beneficiary organisation for sale by them or for use by them. WPC stands dismissed giving freedom to the beneficiary organisation to claim property from Govt. if appellant does not clear arrears as stated above. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk WPC 35749/2009 3