High CourtsSingle Bench(2021) 06 KL CK 0036

Alleppy United Club vs District Collector, Collectorate

High Court Of Kerala · Decided on 2 June 2021

HON’BLE JUDGES
N. Nagaresh, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 11712 Of 2021

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Judgment

16 paragraphs · 259 words

N.Nagaresh, J

1.

The petitioner, a Society registered under the Travancore-Cochin Literary, Scientific and Charitable Society Registration Act, 1955 was given

77.533 cents of land under a Government lease in 1116 ME. Annual lease rent was Rs. 5/-. The petitioner claims that they were paying the lease

amount promptly.

2.

A notice dated 05.06.2020 was served on the petitioner calling upon to pay arrears of lease rent for the period from 2005-'06 onwards. The

petitioner gave reply. Against the modified demand, the petitioner filed appeal. The 2nd respondent disposed of the appeal as per Ext.P1 directing the

District Collector to consider the issue afresh with notice to the petitioner. The 1st respondent-District Collector passed Ext.P2 order demanding

Rs.99,89,739/-.

3.

Aggrieved by Ext.P2 order, the petitioner filed Ext.P3 appeal and Ext.P4 stay petition. However, no orders are passed thereon by the Appellate

Authority, contends the petitioner.

4.

Heard the learned counsel for the petitioner and the learned Government Pleader.

5.

Ext.P3 is an appeal filed invoking Rule 18 of the Assignment of Land within Municipal and Corporation Area Rules, 1995. Ext.P3 being statutory

appeal, the 2nd respondent's duty is bound to consider the same in accordance with law within a reasonable time.

Therefore, the writ petition is disposed of directing the 2nd respondent to consider and dispose of Ext.P3 appeal within a period of three months.

Orders on Ext.P4 stay petition may be passed within one month. Till orders are passed on Ext.P4 stay petition, coercive proceedings pursuant to

Ext.P2 if any, against the petitioner, shall be kept in abeyance.