IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 33909 of 2008(J) -------------------------- PETITIONER: --------------- K.A.ABDULLA HAJI, S/O.ABDU RAHIMAN KOTTAKKUNNU, PALLIKKARA VILLAGE HOSDURG TALUK, KASARAGOD. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: --------------- 1. STATE OF KERALA, REP. THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT TRIVANDRUM. 2. REVENUE DIVISIONAL OFFICER, KASARAGOD AT KANHANGAD. 3. SPECIAL DEPUTY TAHSILDAR (RR), HOSDURG. BY GOVT. PLEADER SMT. N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.33909 of 2008 -------------------------- Dated this the 18th November, 2008 J U D G M E N T Petitioner is aggrieved by Exhibit P19 order passed by the Tahasildar purportedly under the Kerala Land Assignment Rules, fixing a lease rent in respect of the land in possession of the petitioner having an extent of 0.04 ½ acres and 0.00 ½ acres in R.S. No.371/1 of Pallikara village. Learned counsel for the petitioner submits that firstly the land was not taken on lease. Therefore, the fixation of rental is misconceived. Secondly, the land was inspected in the year 2008 and there is arbitrary determination of the market value at the rate of Rs.20,000/- per cent for the period from 2002- 2008. Petitioner has right to file an appeal under Rule 21 of the Kerala Land Assignment Rules against Exhibit P19 order of the Revenue Divisional Officer. Going by the extent of land and the manner in which the rental has been determined, I am of the view that petitioner should W.P ( C) No.33909 of 2008 2 be permitted to prosecute an appeal without being compelled to deposit the balance amount. In the result, the writ petition is disposed of permitting the petitioner to prefer an appeal against Exhibit P19 order before the 2nd respondent. If it is done within one month from today, the same shall be entertained by the 2nd respondent and disposed of after hearing the petitioner within a period of four months thereafter. The direction contained in Exhibit P19 to the petitioner to deposit an amount of Rs.1,23,625/- shall be kept in abeyance and thereafter shall be subject to orders to be passed by the 2nd respondent on the appeal to be filed by the petitioner. (V.GIRI,JUDGE) ma W.P ( C) No.33909 of 2008 3 W.P ( C) No.33909 of 2008 4