SPL DY TAHSILDAR MANJERI Vs. KUNJU MOIDEEN

JUDGEMENT

(1.) This writ appeal has been preferred by respondents Nos 1 to 3 in O. P. No. 4233 of 1976 Special Deputy Tahsildar, Manjeri, Circle Forest Conservator. Calicut and the Divisional Forest Officer, Nilambur Division, Nilambur against the judgment of a learned single Judge of this Court allowing the said writ petition filed by the respondent herein and quashing the revenue recovery proceedings initiated against him in purported exercise of the powers conferred by S.68 of the Revenue Recovery Act for realisation of an amount of Rs. 3,150/- said to represent the loss sustained by the Forest Department on account of resale of the right to raise Punam cultivation on certain lands, which was necessitated by the default committed by the writ petitioner in paying the balance of the bid amount, for which the said right had been formally knocked down in his favour, and in executing the necessary written agreement.

(2.) The learned single Judge held that since the amount sought to be recovered was not money due to the Government under a written agreement executed by the writ petitioner, the resort taken to the power conferred by S.68 of the Kerala Revenue Recovery Act was unwarranted. A contention advanced by the respondents appellants that the amount in question was recoverable as an arrear of land revenue under S.79 of the Kerala Forest Act was rejected by the learned Judge and it was held that the revenue recovery proceedings initiated against the writ petitioner were wholly without jurisdiction. Hence this writ appeal by respondents Nos. 1 to 3 in the Original Petition.

(3.) S.68(1) of the Revenue Recovery Act the impugned proceedings are not sought to be supported on the basis of any other sub-section of the Section will get attracted only if the amount sought to be recovered is: