High Court of KeralaWP(C)/19751/2012disposed of

Pariyaram Service Co-Op. Bank Ltd No.593 v. The Commissioner Of Land Revenue

2015-02-20Honourable Mr.Justice Antony Dominic3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 WP(C).No. 19751 of 2012 (T) ---------------------------- PETITIONER(S):

-------------------------- PARIYARAM SERVICE CO-OP. BANK LTD NO.593 PARIYARAM - 680 721, THRISSUR REPRESENTED BY ITS SECRETARY.

BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S):

----------------------------

1. THE COMMISSIONER OF LAND REVENUE, OFFICE OF THE LAND REVENUE COMMISSIONERATE, THIRUVANANTHAPURAM. 695001.

2. THE DISTRICT REGISTRAR (GENERAL) OFFICE OF THE DISTRICT REGISTRAR THRISSUR (DISTRCT COLLECTOR, THRISSUR) 680001.

3. THE SUB REGISTRAR OFFICE OF THE SUB REGISTRAR, CHALAKKUDY, THRISSUR.680307. R BY SR GOVT PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN WPC.19751/12 PETITIONER(S) EXHIBITS EXHIBIT-P1 - TRUE COPY OF THE SALE DEED (SUBMITTED IN WHITE PAPER) EXHIBIT-P1(A) - TRUE COPY OF THE SALE DEED (SUBMITTED IN WHITE PAPER) EXHIBIT-P1(B) - TRUE COPY OF THE SALE DEED (SUBMITTED IN WHITE PAPER) EXHIBIT-P1(C) - TRUE COPY OF THE SALE DEED (SUBMITTED IN WHITE PAPER) EXHIBIT-P1(D) - TRUE COPY OF THE SALE DEED (SUBMITTED IN WHITE PAPER) EXHIBIT-P2 - TRUE COPY OF THE G.O.(MS) 795/1960/AGRL. DATED 8-10-1960 EXHIBIT-P3 - TRUE COPY OF THE ORDER ISSUED BY THE GOVERNMENT DATED 110-1996. EXHIBIT-P4 - TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 13-10-2011 EXHIBIT-P5 - TRUE COPY OF THE CLARIFICATION LETTER GIVEN BY THE 1ST RESPONDENT DATED 29-8-2011 EXHIBIT-P6 - TRUE COPY OF THE JUDGMENT IN WPC.NO.29908 OF 2011 EXHIBIT-P7 - TRUE COPY OF THE NOTES OF SUBMISSION MADE ON BEHALF OF THE BANK.

EXHIBIT-P8 - TRUE COPY OF THE ORDER ISSUED BY THE LAND REVENUE COMMISSION DATED 11-6-2012, RECEIVED ONLY ON 11-8-2012 EXHIBIT-P9 - TRUE COPY OF THE JUDGMENT IN WPC.20164/2010 AND CONNECTED CASES.

/True copy/ PS to Judge

ANTONY DOMINIC & ALEXANDER THOMAS, JJ.

----------------------------------- W.P(C).No.19751 of 2012 ----------------------------------- Dated this the 20th day of February, 2015

JUDGMENT

Antony Dominic, J.

The issue raised in this writ petition is covered by the order of the Full Bench of this Court in Sub Registrar, Palakkad v. Kerala State Co-operative Consumers Federation Limited, Kochi [2015 (1) KHC 17]. Therefore, the writ petition is disposed of clarifying that in case, in the light of the principles laid down in the aforesaid order, the petitioner is eligible for any refund, it would be open for them to claim refund and the said claim will be considered by the concerned authority in accordance with law.

Sd/- ANTONY DOMINIC, Judge.

Sd/- ALEXANDER THOMAS, Judge.

kkb.