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High CourtsSingle Bench(2010) 11 KL CK 0005

Mannam Memoraial National Club vs The State of Kerala, The District Collector, The Tahsildar and The Village Officer

High Court Of Kerala · Decided on 9 November 2010

HON’BLE JUDGES
Antony Dominic, J
CASE NUMBER
Writ Petition (C) No. 33710 of 2010 (K)

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Judgment

5 paragraphs · 326 words

Antony dominic, J.—Petitioner is aggrieved by Ext.P19 order passed by the District Collector, directing remittance of ` 2,50,21,593/-towards lease rent dues for the period ending 31-03-2004.Aggrieved by Ext.P19, petitioner has filed Ext.P20 revision before the first respondent. That revision is pending. While so, the District Collector issued Ext.P22 communication dated 04-11-2010 calling upon the petitioner to confirm whether the payment as ordered by Ext.P19 has been made. Admittedly, petitioner has not made payment and, therefore, apprehending that coercive action pursuant to Ext.P19 will be initiated, the writ petition is filed.

2.

One of the contentions raised by the learned senior counsel for the petitioner is that while issuing Ext.P19 order, the District Collector has omitted to take note of Ext.P21 Government Order. It is also contended that a portion of the same plot of land was assigned by Ext.P15 order free of cost and that the application made by the petitioner seeking assignment of the land in question is pending consideration of the Government and, therefore, at this stage, the District Collector ought not have issued Ext.P19 demanding such exorbitant amounts.

3.

Irrespective of the contentions raised, fact remains that as at present, the land has not been assigned to the petitioner and, therefore, the order passed by the District Collector cannot be said to be one without jurisdiction.

4.

Be that as it may, having regard to the pendency of revision filed before the first respondent, without expressing anything on the merits of the contentions raised, the writ petition is disposed of, directing that the first respondent shall consider and pass orders on Ext.P20 revision filed by the petitioner, with notice to them and as expeditiously as possible, at any rate, within two months from the date of production of a copy of this judgment.

In the meantime, further proceedings pursuant to Ext.P19 will be kept in abeyance on condition that the petitioner remits an amount of ` 35 lacs, within three weeks from today.