Anilkumar G S/o Gopalakrishna Pillai v. State of Kerala and Others

**WP(C) NO. 2341 OF 2011** **1** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 22[ND] DAY OF DECEMBER 2021 / 1ST POUSHA, 1943 WP(C) NO. 2341 OF 2011** ## **PETITIONER/S:** ANILKUMAR G S/O.GOPALAKRISHNA PILLAI, AGED 38 YEARS,, HOUSE NO.KC/7/1906, KANAKATHU NAGAR,, NEAR TAILORING WORKERS WELFARE BOARD,, THIRUMULLAVARAM P.O., KOLLAM-12. BY ADVS. SRI.PRAVEEN K. JOY SRI.S.SREEKUMAR SR. ## **RESPONDENT/S:** 1 STATE OF KERALA AND OTHERS REP. BY THE SECRETARY,, REVENUE DEPARTMENT,, SECRETARIAT, THIRUVANANTHAPURAM-01. 2 THE PRINCIPAL SECRETARY REVENUE (S) DEPARTMENT,, GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM-01. 3 THE DEPUTY COLLECTOR RR KERALA FINANCIAL CORPORATION (KFC),, VELLAYAMBALAM, THIRUVANANTHAPURAM. 4 NAVAS KALIYIL VEEDU, MULANGADAKOM,, KOLLAM. BY ADVS. SRI.LEO GEORGE SRI.K.N.SASIDHARAN NAIR SRI.A.V.THOMAS SR. **WP(C) NO. 2341 OF 2011** **2** ## **OTHER PRESENT:** SR.ADV.SRI.A.V.THOMAS FOR R4, SRI.LEO GEORGE FOR R4, SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 2341 OF 2011** **3** **P.V.KUNHIKRISHNAN, J -------------------------------------------W.P.(C.) No. 2341 of 2011** **-------------------------------------Dated this the 22[nd ] day of December, 2021** ## **JUDGMENT** The above writ petition is filed with the following prayers : (i) call for the records leading to issuance of Ext.P2 order from the 2[nd] respondent and quash the same by issuing a Writ of Certiorari. (ii) Issue a Writ of Mandamus or any other appropriate Writ Order or Direction, directing the 2[nd] respondent to dispose of Ext.P1 petition afresh after affording an opportunity to the petitioner of being heard and to adduce evidence, so as to secure the ends of justice and (iii) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of this case. (iv) To declare that the entire proceedings initiated by respondents 1 to 3 are illegal and arbitrary and also to set aside the sale proceedings and sale confirmation proceedings as illegal and arbitrary and to set aside all the proceedings against the property of the petitioner as reflected in Ext.P2 order, in the interest of justice.” 2. The additional prayer No. iv was added based on an amendment petition which was allowed by this Court on 6.3.2017. **WP(C) NO. 2341 OF 2011** **4** While allowing the amendment petition itself, this Court clearly stated that the amendment petition is allowed subject to the objection raised by the learned senior counsel for the respondent that the application is belated and it is barred by limitation. 3. The senior counsel who appeared for the 4[th] respondent as instructed by his retaining counsel submitted a detailed note giving the dates and events. This is not seriously disputed by the counsel for the petitioner. For convenience, it will be better to extract the same. **23.08.2001** Petitioner along with his wife and mother availed a loan of Rs.10,14,,000/- from KFC for purchase of tourist bus, repayable in 5 years. Primary security is the bus and collateral security is 17 cents of land and building thereon. Loan defaulted. He paid only Rs. 85,000/- **04.10.2005** Deputy Tahsildar (RR), KFC, Kollam issued attachment order No. RR.21/04 for recovery of Rs.14,13,814/and interest @17% per annum, (Addl. Counter Exhibit R4 (j)page 11 **16.02.2006** Representation submitted by Petitioner to Revenue Minister praying for instalment facility (Referred to in Exhibit R4(d) **16.02.2006** Stay granted by Revenue Minister on condition to pay 20% before 30.04.2006 and balance in 36 equal monthly instalments (Exhibit R4(d) First Counter page 17) This condition was not complied with by Petitioner **28.02.2007** After one year, Auction held, but there was no bidder. **24.04.2007** Without mentioning the earlier order granting instalment, Petitioner submits Representation to Revenue **WP(C) NO. 2341 OF 2011** **5** Minister again seeking instalment facility. (Exhibit P-15) **25.04.2007** Auction held, but there was no bidder. **28.05.2007** Fresh Sale Notice No. RR.21/04 issued by the Deputy Tahsildar (RR), KFC, Kollam, fixing sale on 30.06.2007, for recovery of Rs.14,13,814/- plus interest. (Exhibit R4(k) page 13 Addl. Counter in Malayalam and (Exhibit R4(1) page 15 Addl. Counter in English. Exhibit R4 (m) page 18 Addl. Counter is the endorsement of the Village Officer, Kollam West regarding publication of notice and Exhibit R4(n) page 19 Addl. Counter is the endorsement of Tahsildar, Kollam. Exhibit R4 (o) page 20 Addl. Counter is the endorsement of Sub Registrar, Kollam. Exhibit R4(p) page 21 Addl. Counter is the endorsement of Secretary, Kollam Corporation. **31.05.2007** Valuation Report No. 347/07 submitted by the Village Officer, Kollam to the Deputy Tahsildar (RR), KFC, Kollam. Total value of the property is estimated at Rs.10,25,544/(Exhibit R4 (i) page 11 Addl. Counter **30.06.2007** Sale held. 4th respondent bid the property in auction for Rs.14,16,000/- **18.07.2007** On Ext.P15 dated 24.04.2007, Principal Secretary, Revenue Department, vide order No. 35196/S2/07/RD dated 18.07.2007 directed Petitioner to remit the arrears in 30 equal monthly instalments commencing from 23.07.2007 and an amount of Rs.40,000/-. Sufficient security should be furnished to remit the arrear amount. If the first instalment is not remitted on or before the due date the order will automatically cancelled. In case of seeking extension of time for remitting defaulted instalments, a maximum of 15 days can be allowed. It is further stated that if instalment facility is granted previously in the same case, this order need not be acted upon (Exhibit P-16 & R4(e) **20.07.2007** Bindu, wife of Petitioner filed O.S. 264/2007 in the Family Court, Kollam (Exhibit R4 (g) page 9 Addl. Counter **23.07.2007** Representation filed by Petitioner to the Deputy Collector (RR), KFC, Thiruvananthapuram, praying for time to settle the arrears after disposing of a property belonging to his mother in law and till then to keep pending the sale proceedings. (Exhibit P-6).(It is not a petition under S.53) **WP(C) NO. 2341 OF 2011** **6** **28.07.2007** Representation filed by Petitioner to the MD, KFC, Kollam, to suspend further auction pursuant to the auction sale and also for time to settle the arrears after disposing a property belonging to his mother in law. (Exhibit P-22) **29.07.2007** Petitioner filed Representation before the Deputy Collector (RR), KFC, Thiruvananthapuram, praying for time to comply with the direction contained in the order dated 18.07.2007 of the Principal Secretary, Revenue Department, Thiruvananthapuram, since the same was received only on 28.07.2007 (Exhibit P-17) **29.07.2007** Petition submitted by Bindu, wife of Petitioner before the Deputy Collector (RR), KFC, Thiruvananthapuram for setting aside the sale (Exhibit P-10): **30.07.2007** Representation filed by Petitioner to the Deputy Collector (RR), KFC, Thiruvananthapuram, requesting permission for remitting Rs.1,00,000/- and also requesting for setting aside the sale. The petition says that since Ext.P16 order of the Principal Secretary granting insatalment was received by him only on 28.07.2007. (Exhibit P-18) **03.08.2007** Letter No. KFC/KLM/732/2007 issued from KFC to Petitioner to attend his office on 08.08.2007 for a discussion on his representation dated 28.07.2007 **08.08.2007** Representation submitted by Petitioner to the Chief Manager, KFC, Kollam, requesting to return the mortgage amount to him and intimating that he shall remit a sum 5% above the bid amount. **04.10.2007** Consumer Disputes Redressal Forum, Kollam, dismissed C.C. No. 81/2007 filed by Petitioner against KFC and others **12.03.2008** After about 9 months of sale, Deputy Collector (RR), KFC, Thiruvananthapuram, confirmed the sale in favor of 4th respondent vide (Exhibit R4 (a) Page 6. **27.03.2008** Sale Certificate issued to 4th respondent. (Exhibit R4 (b) page 7 **WP(C) NO. 2341 OF 2011** **7** **27.03.2008** Sale Certificate registered as document No. 985/2008 of Kollam SRO. Stamp paper worth Rs.1,20,360/- and Registration Fee Rs.28,325/- **02.06.2008** In the Counter affidavit filed by KFC in WPC No. 13611/2008 filed by the petitioner challenging the sale, it is stated by KFC that the vehicle for which the loan was sanctioned, was sold unauthorisedly by Petitioner and that his total remittance in the loan account is only Rs.85,000/- (Exhibit P-31) **07.07.2008** Family Court, Kollam, lifted attachment over the property which was ordered as per order dated 27.07.2007 in I.A. 1513/07 in O.S. 264/07 (Exhibit R4 (r) Addl. Counter page 26 **14.07.2008** 4th respondent paid land tax including arrears after effecting mutation. (Exhibit R4 (c) page 16 **03.10.2008** Representation filed by Petitioner before the Revenue Minister (Exhibit P-1) **05.03.2009** High Court of Kerala disposed of W.P.(C) No. 13611/2008 (U) filed by Petitioner, with permission to file a fresh writ petition (Exhibit P-33) **15.09.2009** Exhibit P-2:_Order issued by the Principal Secretary, Revenue Department, Thiruvananthapuram, disposing of the petition filed by Petitioner on 03.10.2008. The order says that: On 16.02.2006 petitioner was permitted to remit the arrears in instalments, but he has not complied with the same; As per the Valuation Report of the Village Officer estimated value of the land was Rs.10,45,544/ - and value of the building as per the Technical Officer was Rs.1,90,000/- Since no complaint under Section 52 and 53 of the RR Act was received, the sale was confirmed on 12.03.2008. **15.06.2010** 4th respondent obtained building permit No. TP/S2/OBP/28/2010-11 for constructing residential building in **WP(C) NO. 2341 OF 2011** **8** the subject land (Exhibit R4-(s) Addl. Counter page 27' **22.11.2010** Petitioner filed W.P.C No. 35011/2010 for a direction to the Chief Secretary, Government of Kerala to dispose of his appeal dated 12.07.2010 (Exhibit P-4) **23.11.2010** High Court found that Chief Secretary has no appellate power in the RR proceedings and hence dismissed W.P.(C) No. 35011/2010 (Exhibit P-5) **28.10.2011** Occupancy Certificate issued by Corporation of Kollam to the 4th respondent.(Exhibit R4 (t) Addl. Counter page 29 **10.11.2011** Building assessed to tax by Kollam Corporation for building No. 36/1872/203-A (Exhibit R4 (u) Addl. Counter page 30 **10.11.2011** Building Tax Receipt issued by Kollam Corporation in for the year 2011-12 **16.06.2016** Statement of Accounts in loan account No. 67206950190 -debit balance of Rs.51,46,740/(Exhibit R4 (v) Addl. Counter page 31 **16.06.2016** Statement of Accounts in loan account No. 67352492995 debit balance of Rs.49,99,950/(Exhibit R4 (w) Addl. Counter page 32" 4. Heard the learned counsel for the petitioner, learned Government Pleader and Sri.A.V.Thomas, learned senior counsel as instructed by Sri. Leo George for the respondent No.4. 5. The main contention raised by the counsel for the petitioner is that when the sale was conducted on 30.6.2007, within **WP(C) NO. 2341 OF 2011** **9** 30 days an application was filed to set aside the sale as evident by Ext.P6. Even then, without passing any orders in the application to set aside the sale, the sale was confirmed. The counsel submitted that this is against the principle laid down by the Division Bench of this Court in **P.Gopalakrishnan v. State of Kerala and others** [2006 KHC 366]. The learned counsel also relied grounds (H) and (J) in the writ petition. The counsel submitted that the property of 17 cents and building have been put for sale for a small amount of Rs.15 lakhs, when the same would fetch more than 1 crore. The counsel also submitted that Ext.P10 is an application submitted by the wife of the petitioner for setting aside the sale on 29.7.2007 and that is also within 30 days from the date of sale. No orders are passed in Ext.P10 also, before confirming the sale. 6. When this writ petition came up for consideration on 6.3.2017, this Court passed an order which is extracted hereunder : “The petitioner in this case asserts that he had made an application on 27.07.2007 before the Deputy Collector (RR), Kerala Financial Corporation (KFC), Thiruvananthapuram detailing the irregularities with respect to the sale. 2. In Exhibit P9 the Deputy Collector (RR) admits that the photocopy of the acknowledgment card enclosed with the right to information application of the petitioner indicates that the Deputy Collector (RR), KFC had accepted some representation of the petitioner dated 27.07.2007, however that the same is not available on the files. **WP(C) NO. 2341 OF 2011** **10** 3. When dealing with very serious issues regarding sale and expropriation of property, the authorities cannot be so casual. 4. I, therefore, deem it appropriate that the Deputy Collector (RR) file a statement showing what is the document that he had obtained under the cover of Exhibit P7 acknowledgment and to state what was done with the said document. Since this matter has been pending for last more than six years, it is only apposite that such statement shall be placed on record within a period of two weeks. List the case for further consideration on 21.03.2017, within which time the statement shall necessarily be on record. Any failure on this account will visit this officer with essential consequences.” 7. Based on the above direction, a statement is filed on 20.3.2017. The relevant portion of the statement is extracted hereunder : 5. “It is submitted that on 06.03.2017, this Honourable Court directed the 3rd respondent to file a statement showing what is the document that he had obtained under the cover of Exhibit P7 acknowledgement and to state what was done with the said document. It is respectfully submitted that I have taken charge as 3rd respondent only in July 2016 and a thorough search made in the office records, on receipt of the information about the direction of this Honourable Court. It is submitted that on perusal of the files in the office, no document under cover of Exhibit P7 acknowledgement is seen in the records. It is submitted that there is no report in the file, regarding any action on the basis of any such document. 6. It is submitted that from the RTI application filed by the petitioner, it is seen that the said application alleged to had been submitted by the petitioner was received by the then Deputy Collector (RR) on 27.07.2007. On verification of the files in the office of the Deputy Tahsildar, Kollam it is found that the petitioner had given a copy of the same application along with a covering letter dated 24.07.2007 to the Deputy **WP(C) NO. 2341 OF 2011** **11** Tahasildar (RR) KFC, Kollam on 24.7.2007. A true copy of the covering letter submitted by the petitioner before the Deputy Tahsildar (RR) KFC Kollam is produced herewith and marked as Annexure R3(a) 7. It is respectfully submitted that petitioner has produced a copy of letter dated 23.07.2007 said to have been sent to Deputy Collector (RR), KFC Thiruvananthapuram marked as Exhibit P6 in the writ petition. But it is not an application under Section 52 and 53 of the KRR Act to set aside the sale. No material irregularity in the conduct of auction sale had been ever raised by the petitioner before confirmation of sale. The petitioner's request in Ext.P6 was for considering the case under OTS Scheme. The 3rd respondent has no authority to decide the entitlement of the petitioner for OTS facility. On the other hand it is the discretion of the KFC, the State Financial Corporation constituted under the State Financial Corporation Act. In the above facts and circumstances, the Hon'ble Court may be pleased to accept the above statement.” 8. Moreover, I perused Ext.P6 which is alleged to be submitted by the petitioner to set aside the same. According to me, this is not a petition to set aside the same, under Sec.53 of the Revenue Recovery Act pointing out any material irregularity in the sale, but the main prayer is for one time settlement of the account. Certain conditions are necessary to invoke the powers under Sec.53 of the Revenue Recovery Act. On perusal of Ext.P6, according to me, it cannot be treated as an application under Sec.53 of the Revenue Recovery Act. Then the counsel takes me through Ext.P8. Ext.P8 is an information given by Deputy Collector (RR) to the petitioner in which it is stated that no application under Secs. 52 or 53 is **WP(C) NO. 2341 OF 2011** **12** received by the officer concerned. But the counsel submitted that in Ext.P9, the same officer informed that an application is received by the officer in the office on 27.7.2007. But when the file is perused, the same is not available. But, even if such an application is filed, the petitioner admit that the application he submitted is Ext.P6. If that is the case, according to me, that is not an application under Sec.53 of the Revenue Recovery Act. Therefore, that application cannot be accepted as a petition to set aside sale under Sec.53 of the Revenue Recovery Act. 9. Then the counsel submitted that Ext.P10 is an application submitted by the wife of the petitioner. According to the counsel, Ext.P10 was also submitted within 30 days from the date of sale. But admittedly, the wife of the petitioner is not a party in this writ petition. This Court is not in a position to know whether the wife of the petitioner is interested in the sale now. In such circumstances, this Court is not in a position to rely Ext.P10 and interfere with the same. 10. The counsel for the petitioner takes me through Ext.P23 , which is a letter sent by the Kerala Financial Corporation inviting the petitioner for a discussion for the settlement of the amount. It was on 3.8.2007. The sale was confirmed only on 12.3.2008 and that **WP(C) NO. 2341 OF 2011** **13** means it was subsequent to Ext.P23. The counsel also submitted that in Ext.P32 (18), it is stated that no application as provided under Sec.52 or 53 of the Revenue Recovery Act has been received for setting aside the above sale. The counsel relied again Exts.P6 and P10. I already observed that Ext.P6 is not an application under Sec. 53 of the Act and Ext.P10 is filed by the wife of the petitioner and she is not a party to this proceedings. That contention also is not acceptable. 11. This is a case in which the sale was conducted on 30.6.2007. The sale was confirmed on 12.3.2008. Sale certificate was issued to the 4[th] respondent on 27.3.2008. Thereafter, the 4[th] respondent paid land tax including arrears after effecting mutation on 14.7.2008. The 4[th] respondent constructed a house in the premises based on a building permit issued by the local authorities on 15.6.2010. Moreover, the occupancy certificate is also issued to the 4[th] respondent by the Corporation of Kollam on 28.10.2011. The building tax was also assessed by the Kollam Corporation on 10.11.2011 and building tax receipt is also issued by the Corporation on that day. In this writ petition, there is no interim order also. If this Court started to interfere with the sale in these type of case, that will be a mockery of justice. **WP(C) NO. 2341 OF 2011** **14** 12. As far as the decisions relied upon by the counsel for the petitioner, [ **Gopalakrishnan's** case (supra)] that is a case in which an application for setting aside the sale under Sec. 53 of the Revenue Recovery Act was filed within 30 days and pending consideration of the sale, the sale was confirmed. As I observed earlier, according to me, Ext.P6 cannot be treated as an application under Sec.53 of the Revenue Recovery Act. Moreover, the Government Pleader relied the Division Bench judgment of this Court in **George v. District Collector, Idukki and others** [2014 (2) KHC 688] in which the Division Bench stated that the delay in challenging the confirmation itself is a reason to reject the application. The Government Pleader also submitted that application can be considered only in accordance to Sec.53 of the RR Act. The senior counsel who appeared for the 4[th] respondent also relied judgment of this Court in **Venu v. Excise Commissioner** [2009 (4) KLT 505]. In paragraph 7 of the judgment, it is stated that in every case of violation of natural justice, it is not necessary to remit the matter unless prejudice is shown. It is also observed by this Court that this is all the more so, in the case, where third party rights are involved. A third party who has no control over the actions of the administrator will be seriously prejudiced, if the order **WP(C) NO. 2341 OF 2011** **15** in his favour is set aside on the technical contention of the violation of principles of natural justice. The senior counsel also relied the judgment of this Court in **Rashtriya Sanskrit Sansthan (Deemed University) v. K.Sarala Devi and anr.** [2021 (4) KHC 268(DB)], in which it is stated that omission to sue for reliefs in earlier writ petition and subsequent writ petition seeking the said relief is barred by principles of res judicata. The learned senior counsel takes me through Ext.P4 which is the writ petition filed by the petitioner earlier in which there was no prayer to set aside the sale. I think, there is force in this contention also. 13. In the light of the above discussion, no relief can be granted in this writ petition. At this distance of time, even without an application to set aside the sale within time, this Court cannot set aside the sale, which is confirmed about a decade back and hence, there is nothing to interfere with this writ petition. Therefore, this writ petition is dismissed. SD/- **P.V.KUNHIKRISHNAN, JUDGE** SKS **WP(C) NO. 2341 OF 2011** **16** ## **APPENDIX OF AMENDED WRIT PETITION** PETITIONER'S EXHIBITS : EXT.P1 TRUE COPY OF THE PETITION DATED 3.10.2008 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P2 TRUE COPY OF THE SAID ORDER DATED 15.9.2009 OF THE 2ND RESPONDENT EXT.P3 TRUE COPY OF THE WPC 35011/10 WITH EXHIBITS EXT.P4 TRUE COPY OF THE WPC 35011/10 JUDGMENT DATED 23.11.2010 EXT.P5 TRUE COPY OF THE LETTER OF THE REVENUE DEPARTMENT EXT.P6 TRUE COPY OF THE NOTICE DATED 28.5.2007 ISSUED BY THE 3RD RESPONDENT EXT.P7 TRUE COPY OF INCOME TAX RETURN FOR THE YEAR 2006-07 EXT.P7(A) TRUE COPY OF INCOME TAX RETURN FOR THE YEAR 2007-08 EXT.P7(B) TRUE COPY OF INCOME TAX RETURN FOR THE YEAR 2008-09 EXT.P8 TRUE COPY OF JUDGMENT IN ST NO 946/2007 DATED 18.6.2010 OF CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM **RESPONDENT'S EXHIBITS** : ANNEXURE-R3(A) A TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY TAHSILDAR (RR) KFC KOLLAM **WP(C) NO. 2341 OF 2011** **17** ## **APPENDIX OF WPC 2341/2011** EXT.P1 TRUE COPY OF THE PETITION DATED 3.10.2008 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P2 TRUE COPY OF THE SAID ORDER DATED 15.9.2009 OF THE 2ND RESPONDENT EXT.P3 TRUE COPY OF THE WRIT PETITION NO. 35011/2010 FILED BY THE PETITIONER BEFORE THIS HON'BLE COURT EXT.P4 TRUE COPY OF THE JUDGMENT DATED 23.11.2010 OF THIS HON'BLE COURT IN WPC NO. 35011/2010 EXT.P5 TRUE COPY OF THE REPLY OF THE INFORMATION OFFICER OF THE REVENUE DEPARTMENT DATED 8.12.2010 EXT.P6 TRUE COPY OF PETITION DATED 23.7.2007 TO SET ASIDE THE SALE CONDUCTED ON 30.6.2007 FILED BY THE PETITIONER EXT.P7 TRUE COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE DEPUTY COLLECTOR (RR)KFC TRIVANDRUM ON 27.7.2007 EXT.P8 TRUE COPY OF THE QUESTIONS AND ANSWER UNDER RIGHT TO INFORMATION ACT DATED 19.1.2010 AND REPLY DATED 6.2.2010 EXT.P9 TRUE COPY OF THE QUESTIONS AND ANWER UNDER RIGHT TO INFORMATION ACT DATED 11.5.2010 AND REPLY DATED 8.6.2010 BY DEPUTY COLLECTOR (RR) EXT.P10 TRUE COPY OF PETITION TO SET ASIDE SALE DATED 29.7.2007 SENT BY BINDU, WIFE OF PETITIONER EXT.P11 TRUE COPY OF THE RECEIPT DATED 29.7.2007 EXT.P12 TRUE COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY DEPUTY COLLECTOR (RR) KFC ON 30.7.2007 EXT.P13 TRUE COPY OF THE LETTER DATED 12.7.2010 SENT BY BINDU TO DEPUTY COLLECTOR (RR) EXT.P14 TRUE COPY OF THE REPLY BY DEPUTY COLLECTOR (RR)TO EXT.P13 DATED 31.7.210 EXT.P15 TRUE COPY OF THE PETITION DATED 24.4.2007 OF PETITIONER SUBMITTED TO REVENUE MINISTER **WP(C) NO. 2341 OF 2011** **18** EXT.P16 TRUE COPY OF THE ORDER DATED 18.7.2007 RECEIVED BY PETITIONER ON 28.7.2007 OF PRINCIPAL SECRETARY (REVENUE) EXT.P17 TRUE COPY OF THE LETTER DATED 29.7.2007 DRAFTED BY THE PETITIONER AND CORRECTED BY DY.TAHSILDAR (RR) EXT.P18 TRUE COPY OF THE LETTER SENT BY THE PETITIONER DATED 30.7.2007 TO DEPUTY COLLECTOR (RR) EXT.P19 TRUE COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY DEPUTY COLLECTOR (RR) ON 8.8.2007 EXT.P20 TRUE COPY OF THE LETTER DATED 11.5.2010 SEENT TO INFORMATION OFFICER, KFC BY PETITIONER EXT.P21 TRUE COPY OF REPLY TO EXT.P20 BY INFORMATION OFFICER EXT.P22 TRUE COPY OF LETTER DATED 28.7.2007 SENT BY PETITIONER TO THE MANAING DIRECTOR KFC EXT.P23 TRUE COPY OF THE LETTER DATED 3.8.2007 SENT TO THE PETITIONER BY THE MANAGING DIRECTOR EXT.P24 TRUE COPY OF THE LETTER DATED 8.8.2007 BY PETITIONER TO THE CHIEF MANAGER, KFC KOLLAM EXT.P25 TRUE COPY OF THE LETTER DATED 15.9.2009 TO THE INFORMATION OFFICER, KFC KOLLAM EXT.P26 TRUE COPY OF THE REPLY BY THE INFORMATION OFFICER, KFC TO EXT.P25 EXT.P27 TRUE COPY OF THE LETTER DATED 11.5.2010 SENT BY THE PETITIONER TO THE INFORMATION OFFICER. EXT.P28 TRUE COPY OF THE REPLY BY THE INFORMATION OFFICER DATED 10.6.2010 EXT.P29 TRUE COPY OF THE LETTER DATED 6.4.2010 BY PETITIONER TO DEPUTY COLLECTOR (RR) EXT.P30 TRUE COPY OF THE REPLY DATED 19.4.2010 BY DEPUTY COLLECTOR (RR)TO EXT.P29 EXT.P31 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY MANAGER (LEGAL) KFC IN WPC 13611/2008 OF THIS HON'BLE COURT **WP(C) NO. 2341 OF 2011** **19** EXT.P32 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY NAVAS IN WPC 13611/2008 OF THIS HON'BLE COURT EXT.P33 TRUE COPY OF THE JUDGMENT IN WPC NO. 13611/2008 OF THIS HON'BLE COURT EXT.P33 TRUE COPY OF THE JUDGMENT IN WPC NO.13611/2008 OF THIS HON'BLECOURT EXT.P34 TRUE COPY OF THE CARD ISSUED FROM THE OFFICE OF REVENUE MINISTER EXT.P35 TRUE COPY OF LETTER DATED 20.11.2010 ISSUED BY PETITIONER TO INFORMATION OFFICER, REVENUE DEPARTMENT SECRETARIAT, TRIVANDRUM EXT.P36 TRUE COPY OF THE REPLY TO EXT.P35 BY ADDL.CHIEF SECRETARY EXT.P37 TRUE COPY OF THE LETTER DATED 7.12.2009 BY PETITIONER TO THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION EXT.P38 TRUE COPY OF THE REPLY TO EXT.P37 BY THE SUB INSPECTOR OF POLICE PONNANI POLICE STATION EXT.P39 TRUE COPY OF THE LETTER DATED 28.7.2009 BY PETITIONER TO THE INFORMATION OFFICER KFC EXT.P40 TRUE COPY OF REPLY TO EXT.P39 BY THE INFORMATION OFFICER EXT.P41 TRUE COPY OF THE ORDER DATED 4.10.2007 OF CDRF KOLLAM EXT.P42 TRUE COPY OF THE LETTER DATED 15.11.2010 OF PETITIONER TO THE INFORMATION OFFICER EXT.P43 TRUE COPY OF REPLY TO EXT.P42 EXT.P44 TRUE COPY OF THE REPORT OF DEPUTY TAHSILDAR (RR) **RESPONDENT'S EXHIBITS** : EXT.R4(A) TRUE COPY OF THE CONFIRMATION OF THE SALE ISSUED BY THE DEPUTY COLLECTOR (REVENUE RECOVERY) KERALA FINANCIAL CORPORATION, THIRUVANANTHAPURAM DATED 12.3.2008 **WP(C) NO. 2341 OF 2011** **20** EXT.R4(B) TRUE COPY OF THE SALE CERTIFICATE ISSUED BY THE DEPUTY COLLECTOR REVENUE RECOVERY KERALA FINANCIAL CORPORATION, THIRUVANANTHAPURAM DATED 27.3.2008 EXT.R4(C) TRUE COPY OF THE TAX RECEIPT ISSUED FROM KOLLAM WEST VILLAGE DATED 14.7.2008 EXT.R4(D) TRUE COPY OF THE ORDER ISSUED BY THE GOVERNMENT DATED 16.2.2006 EXT.R4(E) TRUE COPY OF THE ORDER ISSUED BY THE GOVERNMENT DATED 18.7.2007 EXT.R4(F) LOCATION SKETCH AND CERTIFICATE NO.7669/08 DATED 15.10.2008 IN RESPECT OF THE PROPERTY ISSUED BY THE VILLAGE OFFICER, KOLLAM WEST. EXT.R4(G) TRUE COPY OF THE FAIR VALUE NOTIFICATION IN RESPECT OF RESIDENTIAL PLOT WITH PRIVATE ROAD ACCESS IN RE-SURVEY NO.86 OF KOLLAM WEST VILLAGE PUBLISHED ON 1.4.2010 EXT.R4(H) TRUE COPY OF THE FAIR VALUE NOTIFICATION IN RESPECT OF RESIDENTIAL PLOT WITH NH/PWD ROAD ACCESS IN RE-SURVEY NO. 86 OF KOLLAM WEST VILLAGE PUBLISHED ON 1.4.2010 EXT.R4(I) TRUE COPY OF THE VALUATION REPORT NO.347/07 DATED 31.5.2007 SUBMITTED BY THE VILLAGE OFFICER, KOLLAM TO THE DEPUTY TAHSILDAR (RR) KERALA FINANCIAL CORPORATION, KOLLAM EXT.R4(J) TRUE COPY OF NOTICE OF ATTACHMENT NO.RR 21/04 DATED 4.10.2005 OF THE DEPUTY TAHSILDAR (RR) EXT.R4(K) TRUE COPY OF NOTICE NO.RR21/04 DATED 28.5.2007 IN MALAYALAM EXT.R4(L) TRUE COPY OF NOTICE NO.RR 21/04 DATED 28.5.2007 IN ENGLISH EXT.R4(M) TRUE COPY OF ENDORSEMENT OF THE VILLAGE OFFICER, KOLLAM WEST RELATING TO PUBLICATION OF THE NOTICE INTHE PROPERTY AND NOTICE BOARD EXT.R4(N) TRUE COPY OF ENDORSEMENT OF THE TAHSILDAR, KOLLAM RELATING TO PUBLICATION OF NOTICE. **WP(C) NO. 2341 OF 2011** **21** EXT.R4(O) TRUE COPY OF ENDORSEMENT OF THE SUB REGISTRAR, KOLLAM RELATING TO PUBLICATION OF NOTICE EXT.R4(P) TRUE COPY OF ENDORSEMENT OF THE SECRETARY, KOLLAM CORPORATION RELATING TO PUBLICATION OF NOTICE EXT.R4(Q) TRUE COPY OF THE PLAINT DATED 20.7.2007 IN OS NO.264/2007 OF FAMILY COURT, KOLLAM EXT.R4(R) TRUECOPY OF THE INTIMATION DATED 7.7.2008 OF THE FAMILY COURT, KOLLAM TO THE SUB REGISTRAR KOLLAM AND VILLAGE OFFICER, KOLLAM WEST EXT.R4(S) TRUE COPY OF BUILDING PERMIT NO,.TP/S2/OBP/28/2010-11 DATED 15.6.2010 ISSUED BY THE KOLLAM MUNICIPAL CORPORATION EXT.R4(T) TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED 28.10.2011 ISSUED BY THE CORPORATION OF KOLLAM EXT.R4(U) TRUE COPY OF THE TAX RECEIPT NO.28455 DATED 10.11.2011 ISSUED BY THE CORPORATION OF KOLLAM EXT.R4(V) TRUE COPY OF ACCOUNT STATEMENT IN RESPECT OF ACCOUNT NO. 67206950190 FOR THE PERIOD FROM 9.6.2016 O 16.6.2016 ISSUED BY STATE BANK OF TRAVANCORE, ANANDAVALLEESWARAM EXT.R4(W) TRUE COPY OF ACCOUNT STATEMENT IN RESPECT OF ACCOUNT NO. 67352492595 FOR THE PERIOD FROM 1.5.2016 TO 6.6.2016 ISSUED BY STATE BANK OF TRAVANCORE, ANANDAVALLEESWARAM