High Court of KeralaSingle JudgeWrit petition allowed; Ext P4 quashed; reconvey...

Rukhiya v. State of Kerala and others

Case / Petition Number:W.P.(C) No. 2032 of 2010

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • S. Siri Jagan
Judgment Date
2011-11-14
Court Decision / Holding
Ext P4 is quashed; respondents 1–3 are directed to reconvey the two acres of land to the petitioner within three months from receipt of a copy of this judgment; the writ petition is allowed.
Final Disposition
Writ petition allowed; Ext P4 quashed; reconveyance of 2 acres to petitioner within three months; matter directed to be disposed in favor of the petitioner.

Parties to the Case

Appellants / Petitioners

  • RUKHIYA, W/o. Abdhu K.V.

Respondents

  • State of Kerala represented by the Land Revenue Commissioner
  • Deputy Collector (Revenue Recovery), Kannur
  • Spl. Deputy Tahsildar (Revenue Recovery), Thaliparamba Taluk, Kannur
  • Manager, Syndicate Bank, Alakode Branch, Thalipparamba Taluk, Kannur

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. Sunil Nair Palakkat
  • • Sri. K.N. Abhilash

Counsels for Respondents

  • • SMT. P.A. Raziya
  • • Sri R.S. Kalkura

Case Synopsis & Summary

This writ petition challenges a 1999-2008 sequence wherein, under Section 50(2) of the Kerala Revenue Recovery Act, the government authorities purchased the petitioner’s land for Re 1 to recover a loan from the 4th respondent bank. The petitioner later settled the loan with the bank and the loan account was fully discharged. The petitioner seeks reconveyance of the land, contending that the purchase was illegal and unsustainable, and that the action is foreclosed by binding authority. She relies on the Division Bench decisions culminating in Subaida Beevi’s case, which held that reconveyance under Section 50(2) is permissible only when the property is purchased in the name of the authority that initiated revenue recovery proceedings, not in the name of the Government. The respondents counter that reconveyance under Section 50(2) can be invoked only if the party applies within two years of the purchase; since no outstanding amounts remain and the bank has settled the matter, there is no impediment to reconveyance but the procedural requirement of timing is at issue. The court observes that the property was purchased in the Government’s name, not the bank, and that such purchase lacks jurisdiction in light of Subaida Beevi’s decision. Consequently, Ext P4 is quashed; the respondents are directed to reconvey the 2 acres to the petitioner within three months. The writ petition is allowed.

Provisions of Law Cited

Section 50(2) of the Kerala Revenue Recovery ActSection 71 of the Kerala Revenue Recovery Act

Legal Doctrines & Maxims

  • Reconveyance under Section 50(2) can be invoked only for purchases in the name of the initiating authority, and not in the name of Government (as per Subaida Beevi’s decision).

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner argued that Section 50(2) only permits reconveyance of property purchased for revenue recovery when the purchase is in the name of the authority initiating the proceedings. Since the land was purchased in the Government’s name, the transaction is without jurisdiction and the petitioner is entitled to reconveyance, especially after settlement of the loan with the bank. Reliance was placed on Subaida Beevi’s case (2010(1) KHC 936) to challenge the propriety of reconveyance and to press for restoration of her property within a short time frame.

Contentions of Respondents

The respondents contended that reconveyance under Section 50(2) is permissible only if the party applies within two years of the purchase; since all liabilities are settled, there is no impediment to reconveyance, and the action cannot be faulted on that ground. They argued the sale in the Government’s name was not fatal if reconveyance is sought within the prescribed time and that government action cannot be faulted merely because the purchase was in the Government’s name.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
District Collector, Alleppey and others v. Subaida Beevi and another2010(1) KHC 936PositiveDivision Bench held that Section 50(2) can be invoked only for purchase in the name of the authority that initiated revenue recovery, not in the name of the Government; the present case relies on this principle to challenge the government’s purchase.
Subaida Beevi's case (supra)2010(1) KHC 936PositiveUsed to reiterate the principle that reconveyance under Section 50(2) must correspond to the initiative of the asserting authority, not the Government."

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT :** **THE HONOURABLE MR. JUSTICE S.SIRI JAGAN** **MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933** **WP(C).No. 2032 of 2010(D)** **------------------------------------** ## **PETITIONER(S):** **---------------------** **RUKHIYA, W/O.ABDHU K.V., PARAPPURATH HOUSE, UTHAYAGIRI P.O., ALAKKODU VILLAGE, KANNUR DISTRICT.** **BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH** ## **RESPONDENT(S):** **-------------------------** **1. STATE OF KERALA, REPRESENTED BY LAND REVENUE COMMISSIONER, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM.** **2. DEPUTY COLLECTOR (REVENUE RECOVERY), COLLECTORATE, KANNUR.** **3. THE SPL.DEPUTY TAHSILDAR (REVENUE RECOVERY), THALIPARAMBA TALUK, TALUK OFFICE, KANNUR.** **4. THE MANAGER, SYNDICATE BANK, ALAKODE BRANCH, THALIPARAMBA TALUK, KANNUR.** **R1 TO R3 BT GOVT.PLEADER SMT. P.A.RAZIYA R4 BY ADV. SRI.R.S.KALKURA, SC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **AV** ## **WPC.NO.2032/2010** ## **APPENDIX** ## **PETITIONER'S EXHIBITS :** **P1 : COPY OF THE PARTITION DEED DOCUMENT NO – 1379/1984 OF SRO ALAKODE DATED 02/06/1984** ## **P2 : COPY OF REVENUE RECOVERY NOTICE DATED 28/04/99 ISSUED BY THE 3RD RESPONDENT.** **P3 : COPY OF THE LETTER DATED 03/02/07 ISSUED BY THE 4TH RESPONDENT.** **P4 : COPY OF THE ORDER DATED 04/02/08 OF THE 1ST RESPONDENT.** ## **RESPONDENT'S EXHIBITS : NIL** ## **/TRUE COPY/** ## **P.A TO JUDGE** **AV** ## **S. SIRI JAGAN, J.** ------------------------------------------- ## W.P.(C) No. 2032 OF 2010 ---------------------------------------------Dated this the 14[th] day of November, 2011 ## **JUDGMENT** By invoking provisions of Section 50(2) of the Kerala Revenue Recovery Act, respondents 1 to 3 purchased the property belonging to the petitioner for Re 1/- in proceedings for recovery of loan amounts due from the petitioner to the 4[th] respondent bank. Subsequently, the petitioner settled the dues of the bank and the bank has settled the loan account accepting the same. Consequently, the entire loan amount has been paid off and the loan cleared. The petitioner now seeks return of the property purchased by respondents 1 to 3 for Re 1/- invoking powers under Section 50 (2) of the Kerala Revenue Recovery Act. According to the petitioner, the action of the respondent in purchasing the property for Re 1/- is illegal and unsustainable and that issue is squarely covered by the Division Bench decision of this Court in _**District Collector, Alleppey and others**_ v. _**Subaida Beevi and another**_ [2010(1) KHC 936]. The petitioner W.P.(C)No.2032/10 2 ## seeks the following reliefs; “i. Call the entire records leads ext P4 and quash the Ext P4 by issuing the writ of certiorari, forthwith ii. To declare that sale dated 5/8/1999 conducted by the 2[nd] and the 3[rd] respondent by which the government of kerala took over 2 acres of land owned by the petitioner in R. S-1 in Thadikadavu amsom Arangam desom in Thaliparamba Thaluk by virtue of Ext P1 partition deed as illegal and wrong iii. Issue a writ of mandamus or other appropriate writ order or direction commanding the 1[st] respondent to 3[rd] respondent to hand over 2 acres of land owned by the petitioner in R. S-1 in Thadikadavu amsom Arangam desom in Thaliparamba Thaluk to the petitioner.” 2. A counter affidavit has been filed on behalf of the 1[st] respondent. The contention of respondents 1 to 3 is that reconveyance of the property purchased for Re 1/- in exercise of powers under Section 50(2) of the Kerala Revenue Recovery Act can be only if the party applies for the same within two years. Therefore, there is no infirmity in the action of respondents 1 to 3 is the contention raised. The 4[th] respondent does not dispute the fact that the amounts due to them have been completely paid off and no amounts are due from the petitioner to the 4[th] respondent bank in respect of the W.P.(C)No.2032/10 3 loan, proceedings for recovery of which culminated in the impugned action of respondents 1 to 3. 3. I have considered the rival contentions in detail. The question of restriction of two years in applying for reconveyance of property under Section 50(2) of the Kerala Revenue Recovery Act arises only when that purchase for Re 1/- is valid and proper. Admittedly, the property was purchased in the name of the Government and not in the name of the 4[th] respondent bank. A Division Bench of this Court has in _**Subaida Beevi's**_ case (supra) categorically held that in revenue recovery proceedings pursuant to a notification issued under Section 71 of the Act the Section 50(2) of the Act can be invoked only for the purchase of the property only in the name of the authority who has requested initiation of revenue recovery proceedings and not in the name of the Government. Admittedly, in this case, the property has been purchased in the name of the Government and not in the name of the 4[th] respondent. Therefore the action of respondents 1 to 3 in purchasing the property for Re 1/- in the name of the Government is without jurisdiction and unsustainable. The 4[th] 4 W.P.(C)No.2032/10 respondent now admits that they have received the entire amount in settlement of the loan account. That being so, respondents 1 to 3 cannot take a Shylockian attitude to retain the property belonging to the petitioner, insofar as no amounts are due either to the 4[th] respondent or to respondents 1 to 3 now. Further, that proceedings of respondents 1 to 3 in purchasing the property in the name of the Government is clearly against the Division Bench decision of this Court in ## _**Subaida Beevi's**_ case (supra). In the above circumstances, Ext.P4 order by which respondents 1 to 3 have refused to re-convey the property to the petitioner is hereby quashed. Respondents 1 to 3 are directed to see that the property in question is re-conveyed to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. ## **S. SIRI JAGAN, JUDGE** acd W.P.(C)No.2032/10 5 ## **S. SIRI JAGAN, J.** ------------------------------------------W.P.(C) No. 2032 OF 2010 ---------------------------------------------- W.P.(C)No.2032/10 6 ## Dated this the 14[th] day of October, 2011 ## **ORDER** The learned counsel for the petitioner submits that Section 50(2) can be invoked only for purchasing the property in the name of the institution on whose behalf revenue recovery proceedings have been initiated as per the Division Bench decision of this Court in _**District Collector, Alleppey and others**_ v. _**Subaida Beevi and another**_ [2010(1) KHC 936]. In this case, the property has been purchased by the Government for ` 1. The petitioner further submits that the entire liability has been cleared and therefore, the property is liable to be reconveyed to the petitioner. The learned Government Pleader seeks time. Post after two weeks. ## **S. SIRI JAGAN,** ## **JUDGE** acd W.P.(C)No.2032/10 7 W.P.(C)No.2032/10 8