G. Krishnankutty v. State of Kerala and Others

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **WEDNESDAY, THE 28[TH] DAY OF FEBRUARY 2024 / 9TH PHALGUNA, 1945** **WP(C) NO. 21544 OF 2013** ## **PETITIONER/S:** **G.KRISHNANKUTTY, AGED 65 YEARS, S/O.LATE KORU, GANAPATHIYIL HOUSE, THOZHUVANNUR P.O., VALANCHERY VIA, MALAPPURAM 676 552.** **BY ADVS.** **SRI.P.VIJAYA BHANU (SR.) SRI.V.A.JOHNSON VARIKKAPPALLIL SRI.UNNI SEBASTIAN KAPPEN** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM - 695 001.** - **2 THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **3 THE DISTRICT COLLECTOR MALAPPURAM - 676 101.** - **4 THE COMMISSIONER LAND REVENUE PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM - 695 033.** - **5 THE TAHSILDAR TIRUR, MALAPPURAM DISTRICT - 676 121.** - **6 THE VILLAGE OFFICER KATTIPPARUTHI VILLAGE, MALAPPURAM DISTRICT - 676 552.** - **7 THE DISTRICT INSPECTOR TODDY WORKERS WELFARE FUND, TODDY WORKERS WELFARE FUND OFFICE, MALAPPURAM - 676 001.** **BY ADVS.** **SRI. V. VENUGOPAL .V. - GOVERNMENT PLEADER SRI.K.D.BABU,SC,KTWWFB(TODDY WORKERS WE SRI.K.D.BABUSCKTWWFBTODDY WORKERS WE** W.P.(C)No.21544/2013 2 **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.21544/2013 3 ## **JUDGMENT** The petitioner has approached this Court challenging Ext.P9 order issued by the Government in the Revenue (H) Department rejecting a request made by the petitioner for reconveyance of land belonging to the petitioner (12 cents with residential house) which was purchased by the Government as bought-in-land under the provisions of sub-section (2) of Section 50 of the Kerala Revenue Recovery Act, 1968 (hereinafter referred to as the RR Act). It is stated in Ext.P9 that, purchase by the Government was on 30.3.1989 and the sale was confirmed in favour of the Government on 3.9.1989. A reading of Ext.P9 will show that the request of the petitioner was rejected on the ground that the request was made fifteen (15) years after the land was purchased by the Government under the provisions of sub-section (2) of Section 50 of the RR Act and on the ground that no request for reconveyance of land will be considered after a period of five (5) years from the date on which the sale is confirmed. 2. The learned counsel appearing for the petitioner would submit that the petitioner became aware of the fact that the RR proceedings initiated against the petitioner had culminated in the purchase of land by the Government under the provisions of W.P.(C)No.21544/2013 4 Section 50 of RR Act only in the year 2004. It is submitted that, immediately, the petitioner had moved the Government by filing Ext.P3. It is submitted that, thereafter, on the basis of directions issued by this Court in Ext.P8 judgment, the petitioner was heard by the Government and Ext.P9 order was issued. It is submitted that purchase by the Government, in the facts of the present case, is vitiated in the light of the law laid down by a Division Bench of this Court in _**District Collector v. Subaida Beevi;**_ 2010(1)KLT 913. It is submitted that revenue recovery proceedings in this case were to recover amounts due to the Toddy Workers Welfare Fund Board and going by the law laid down in _**Subaida Beevi (supra)**_ the Government could not have purchased the land and the land could have been purchased only in the name of the Toddy Workers Welfare Fund Board. 3. The learned Government Pleader refers to the facts and circumstances in the case and also to the counter affidavit filed to contend that even if the contention of the petitioner that the issue stands covered in his favour by the judgment in _**Subaida Beevi**_ ( _supra_ ) is accepted, it must be noted that the sale in question was held on 30.3.1989 and the sale was confirmed on 3.9.1989. It is submitted that a belated challenge to the sale, i.e. after nearly 15 years, could not have been entertained at the instance of the W.P.(C)No.21544/2013 5 petitioner. It is submitted that the petitioner is therefore not entitled to any relief in the matter. 4. The learned standing counsel appearing for the Toddy Workers Welfare Fund Board would submit that amounts are still due to the Board. It is submitted that since the land was purchased in the name of the Government, the Board is not benefited and the liability of the petitioner still remains, though the property of the petitioner has been purchased by the Government in the Revenue Recovery proceedings. 5. The learned counsel appearing for the petitioner in reply would submit that the petitioner is ready and willing to deposit the entire amounts due to the Toddy Workers Welfare Fund Board together with any interest till today and on such condition and by applying the law laid down by the Division Bench in **Subaida Beevi (** _supra_ ), the proceedings culminating in the purchase of the land by the Government may be set aside. It is also submitted that though the land was purchased by the Government as early as in the year 1989, the petitioner continues to be in possession of the said land. 6. Having heard the learned counsel appearing for the petitioner, the learned Government Pleader and the learned standing counsel appearing for the Kerala Toddy Workers Welfare W.P.(C)No.21544/2013 6 Fund Board, I am of the view that the petitioner is entitled to succeed. A reading of the judgment of the Division Bench in _**Subaida Beevi**_ ( _supra_ ) will indicate that where Revenue Recovery proceedings are initiated for recovery of amounts due to an institution notified in terms of Section 71 of the Revenue Recovery Act, any purchase in terms of the provisions contained in Section 50 of the RR Act can only be in favour of the institution and not in favour of the Government. The Division Bench in _**Subaida Beevi**_ ( _supra_ ) has clearly held that where the recovery proceedings was to recover amounts due to a notified institution and where the land has been purchased by the Government, the entire proceedings are vitiated. Therefore, I have no hesitation to set aside Ext.P9 and hold that the proceedings in respect of the land belonging to the petitioner whereby the Government had purchased the land under Section 50(2) of the RR Act is illegal and unsustainable in law. As already noticed, the learned counsel for the petitioner undertakes that the entire amount due to the Toddy Workers Welfare Fund Board together with interest up to date shall be remitted by the petitioner. The petitioner shall remit the entire amounts due from him to the Toddy Workers Welfare Fund Board with interest till the date of payment within a period of one month from the date of receipt of a certified copy of this judgment. It is W.P.(C)No.21544/2013 7 made clear that if the petitioner does not deposit the said amount within the aforesaid time, he will lose the benefits of this judgment. If the petitioner pays the entire amounts to the Toddy Workers Welfare Fund Board, within the time specified above, the sale conducted in favour of the Government on 3.9.1989 shall stand set aside. Corrections, if any required in the Revenue Records shall be made. ## **GOPINATH P.** **JUDGE** acd W.P.(C)No.21544/2013 8 **APPENDIX OF WP(C) 21544/2013** ## **PETITIONER EXHIBITS** **EXT.P1: TRUE COPY OF THE NOTICE DATED 20/1/1999 OF THE 5TH RESPONDENT.** **EXT.P2: TRUE COPY OF THE NOTICE OF THE 5TH RESPONDENT FOR SALE OF THE PROPERTY ON 30/3/1989.** **EXT.P3: TRUE COPY OF THE REPRESENTATION DATED 5/10/2004 PREFERRED BY THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER.** **EXT.P4: TRUE COPY OF THE LETTER NO.74559/H 1/2007/H 1/2007/REV. DATED 9/1/2007 OF THE 2ND RESPONDENT.** **EXT.P5: TRUE COPY OF THE G.O.(RT) NO.4064/05/RD DATED 18/7/2005.** **EXT.P5(A):TRUE COPY OF THE G.O.(RT) NO.198/99/RD DATED 20/5/1999.** **EXT.P6: TRUE COPY OF THE LETTER NO.LR B5-4784/08 DATED 7/2/08 OF THE 4TH RESPONDENT.** **EXT.P7: TRUE COPY OF REPRESENTATION DATED 24/3/07 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.** **EXT.P8: TRUE COPY OF THE JUDGMENT IN WPC NO.12548/2008 OF THIS HON'BLE COURT, DATED 19/11/2012.** **EXT.P9: TRUE COPY OF THE G.O.(RT) NO.3201/13/RD DATED 04/06/2013 ISSUED BY THE 2ND RESPONDENT.** **EXT.P9(A): TRUE COPY OF THE TAX RECEIPT DATED 11/02/2000, ISSUED BY THE KATTIPPARUTHI VILLAGE OFFICE.** **EXT.P9(B): TRUE COPY OF THE TAX RECEIPT** W.P.(C)No.21544/2013 9 **DATED 29/10/2001, ISSUED BY THE KATTIPPARUTHI VILLAGE OFFICE.** **EXT.P9(C): TRUE COPY OF THE TAX RECEIPT DATED 12/05/2000, ISSUED BY THE KATTIPPARUTHI VILLAGE OFFICE.** **EXT.P10: TRUE COPY OF THE COMMUNCATION ISSUED BY THE 7TH RESPONDENT, DATED 30/04/2012 TO THE PETITIONER** **EXT.P11: TRUE COPY OF THE CERTIFICATE ISSUED BY THE BLOCK DEVELOPMENT OFFICER, KUTTIPURAM, DATED 29/01/2013.**