LAWS(KER)-2012-11-392

KRISHNANKUTTY.V.P. Vs. GOVERNMENT OF KERALA

Decided On November 19, 2012
Krishnankutty.V.P. Appellant
V/S
GOVERNMENT OF KERALA Respondents

JUDGEMENT

(1.) THE writ petition is filed seeking to quash Exts.P1, P2, P4 & P6 and for a direction directing the second respondent to consider Ext.P7 representation within a time limit to be fixed by this Court and for other incidental reliefs.

(2.) PETITIONER defaulted payment of Toddy Workers Welfare Fund amount. The Tahsildar had initiated revenue recovery steps during January 1989. The Tahsildar issued notice under section 34 of the Kerala Revenue Recovery Act on 20.1.1989 for attaching petitioner's 12 cents of immovable property with all improvements in R.Sy.No.198/1,2 in Kattiparuthi Village. Sale notice in form No. 16 under Section 49(2) of the Act had been issued. The property was put on auction on 30.3.1989. The land was purchased by the Government. The auction was confirmed on 3.9.1989. Since then, the land has been registered as bought-in-land in the revenue records and the defaulter was not removed from the land.

(3.) IN the counter affidavit filed by the 4th respondent it is stated that 5th respondent has completed the sale proceedings on the attached land under Revenue Recovery Act long back and therefore, the 2nd respondent has many limitations to consider the request of the petitioner.