ANITHA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner claims absolute ownership and possession of 9.500 cents of land comprised in Survey No.134/4 of Angadippuram Village. The property originally belongs to one Shri Prasannakumar, who is the husband of the petitioner and who had availed a housing loan from the fourth respondent. When payment was defaulted, the fourth respondent initiated arbitration proceedings as ARC No.120/1999 which was decreed and Execution Petition No.116/2002 was also filed before the Munsiff's Court, Perinthalmanna. In the execution proceedings, the property referred to above was sold in auction which was bid by the fourth respondent-Society. It is averred in para.2 that in 2007, the property was purchased by the petitioner on payment of the entire sale price as per Ext.P1. The petitioner, thereafter, submitted applications before the revenue authorities for permission to pay land tax. Failing to get any action in the matter, this writ petition has been filed.

(2.) IN the counter affidavit filed by the second respondent, more details have been furnished. It shows that the husband of the petitioner had availed a loan from the South Malabar Gramin Bank, Thiroorkkad Branch and on default, revenue recovery proceedings were initiated as per D6-2870/97 of the District Collector, Malappuram to recover an amount of Rs.11,323.00. Even though, certain amounts have been paid, as the entire amount has not been remitted, the Village Officer, Angadippuram attached the property of 5 cents out of the total extent of 9.5 cents and public auction was conducted several times for the sale of the landed property. The property was taken possession of by the Government on 26/05/1998 due to non participation of bidders. The order of confirmation was issued by the Sub Collector, Perinthalmanna as per Order No.D.Dis.4356/98 dated 11/08/1998 and the aforesaid land has been ordered as bought-in-land vide Order No.D9-2384/97 dated 22/10/1998 of the Tahsildar, Perinthalmanna.

(3.) LEARNED counsel for the petitioner relying upon the averments in the reply affidavit points out that the petitioner has filed a representation before the District Collector, Malappuram as per Ext.P7 requesting to inform the details of the liability against the State for payment of the same.