BALACHANDRAN Vs. THE DISTRICT COLLECTOR, CALICUT

JUDGEMENT

(1.) This writ petition is filed challenging Ext.P8 order and seeking for a direction to the respondents, State and its Officers, to return 15 cents of land in Re.Sy.No.265/2 and the machinery kept in the property and for other consequential reliefs. Ext.P8 is an order passed by the Government refusing to return the bought-in-land on the ground that the application has been submitted after nine years from the date of confirmation of sale.

(2.) The facts involved in the writ petition would disclose that for recovering sales tax arrears for the years 1994-95 and 1995-96, the aforesaid property was attached and put to auction. It is stated that in the meantime, petitioner approached the Government to settle the liability. Petitioner was directed to pay 40% of the total amount and the balance amount in 6 instalments as per Ext.P4 dated 27/8/2001. According to the petitioner, he paid the said amount. Thereafter, he had come to know that the property was purchased by the Government under Section 50(2) of the Kerala Revenue Recovery Act (hereinafter referred to as the RR Act). He had come to know about the revenue sale only in 2008 when he made enquiries with the Sub Registrar's Office. He submitted a representation dated 29/9/2008 to the Tahsildar to release the property. Since there was no reply, he made further representations. However, the same came to be rejected by Ext.P8.

(3.) Petitioner submits that Ext.P8 oder is illegal and is liable to be quashed. According to him, he had paid the entire amount and possession of the property was not taken by the Government. It is stated that there is a strike going on in front of the factory gate and the possession still remains with the petitioner.