SHREE NAVANAGAR SADAVRAT TRUST Vs. STATE OF KERALA

JUDGEMENT

(1.) This original petition invoking Article 226 of the Constitution of India is filed challenging Ext.P15 order passed by the District collector under the provisions of the Kerala Escheats and Forfeitures Act, 1964, hereinafter referred to as the Escheats Act and Exts.P18 and P22 decisions of the Land Revenue Commissioner and the Government of Kerala confirming the Collector's decision.

(2.) Heard the learned Senior Advocate for the petitioner and the learned Senior Government Pleader.

(3.) Acting on information stated to have been given by a person that the parcel of land with building, which is involved in this litigation; 'property' for short, hereinafter; has escheated, the District Collector directed the Tahsildar to conduct a preliminary enquiry. Through Ext.P13, the Tahsildar reported that the property belonged to Shri Navnagar Sadavarat Trust which is the petitioner in this original petition. The Collector thereafter extended opportunity of hearing to the petitioner and issued the impugned Ext.P15 as an order under Section 6 of the Escheats Act. The Land Revenue Commissioner confirmed the Collector's decision in an appeal filed by the petitioner under Section 7 of that Act. The petitioner challenged that decision before the Government. Initially, there was an order of remit to the Commissioner to decide on two issues which, according to the Government, were relevant. This Court, through an original petition, set aside that remand. Thereafter, the Government issued the impugned Ext.P22 whereby it confirmed Ext.P18 decision of the Land Revenue Commissioner and Ext.P15 decision of the Collector.