IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 24599 of 2011(Y) -------------------------- PETITIONERS: ------------------- 1. RAMAKRISHNA PANICKER, VAISATHILAYA KANAKKAPILLA VEETTIL, MAZHUKEERKEEZHU MURI, THIRUVANDOOR VILLAGE, CHENGANNUR, (NOW RESIDING AT PALLISSRRY MEENA NIVAS, INDUSTRIAL ESTATE.P.O., T.C.NO.51/3061, THIRUVANANTHAPURAM-695 019). 2. RAMACHANDRA PANICKER, VAISATHILAYA KANAKKAPILLA VEETTIL, MAZHUKEERKEEZHU MURI, THIRUVANDOOR VILLAGE, CHENGANNUR. BY ADV. SRI.P.HARIDAS ADV. SMT.S.SIKKY RAVISHANKAR RESPONDENTS: --------------------- 1. REVENUE DIVISIONAL OFFICER, PATHANAMTHITTA-689645 2. TALUK TAHSILDAR, CHENGANNUR-689121 3. ADDL.TAHSILDAR, CHENGANNUR-689121 4. DEPUTY TAHSILDAR, CHENGANNUR-689121 R1 BY GOVERNMENT PLEADER, SMT. P.A.REZIYA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MM WP(C).No. 24599 of 2011(Y) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE DEMAND NOTICE NO.C6-L.C.3/02 DATED 31.07.2004. EXHIBIT P2: TRUE COPY OF THE OBJECTION DATED 23.08.2004 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. EXHIBIT P3: TRUE COPY OF THE UNDATED RULE 9 NOTICE ISSUED BY 2ND RESPONDENT. EXHIBIT P4: TRUE COPY OF THE UNDATED RULE 9 NOTICE ISSUED BY 2ND RESPONDENT. EXHIBIT P5: TRUE COPY OF THE PETITION DATED 23.08.2004 SUBMITTED BY THE PETITIONERS BEFORE THE IST RESPONDENT. EXHIBIT P6: TRUE COPY OF THE NOTICE NO.B7-9217 DATED 8.7.2011. EXHIBIT P6(A):TRUE COPY OF THE NOTICE NO.B7-9217 DATED 8.7.2011. EXHIBIT P7: TRUE COPY OF THE OBJECTION DATED 22.7.2011 SUBMITTED BY THE IST PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P8: TRUE COPY OF THE PETITION DATED 25.07.2011 SUBMITTED BY THE IST PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS NIL /TRUE COPY/ P.A TO JUDGE MM S.SIRI JAGAN.J --------------------------------- WP(C) No.24599 of 2011 --------------------------------- Dated this the 18th day of November , 2011 J U D G M E N T The petitioner is aggrieved by initiation of recovery proceedings for recovery of royalty and fine in proceedings under the Land Conservancy Act. Exts.P6 and P6(a) , revenue recovery notices have been issued to the petitioner in this regard. Petitioner challenges the same on the ground that petitioner has not been served with any order imposing on the petitioner, royalty and fine which is sought to be recovered by Exts. P6 and P69(a) notices . In view of the specific contentions of the petitioner that he received no orders I directed the Government Pleader to get instructions as to whether Exts.P6 and P6(a) revenue recovery notices were preceeded by an order demanding royalty and fine from the petitioner. 2. Today the learned Government Pleader has filed a WP(C) No.24599/2011 2 statement as follows: “ In the above case, this Honourable Court directed the Government Pleader to file a statement regarding the issuance of notice under the Land Conservancy Act, written information has been received from the RDO, Chengannur stating that there is no records seen in the respective file evidencing the issuance of the notice under Section 7,8 and 11 of the Kerala Land Conservancy Act. The message dated 15-11-2011 issued by the R.D.O ., Pathanamthitta is submitted herewith.” 3. As such, I am inclined to direct the second respondent, Tahsildar concerned to issue a copy of the order based on which Exts. P6 and P6(a) proceedings have been initiated. The same shall be issued within two weeks from the date of the receipt of a copy of the judgment. The petitioner shall be given one month's time from the date of service of the order, to seek apprioriate remedies against that order. Till then no further action shall be taken pursuant to Exts. P6 and P6(a). The writ petition is disposed of . S.SIRI JAGAN.J. MM WP(C) No.24599/2011 3 WP(C) No.24599/2011 4