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2022 Supreme(Ker) 1103

S. MANIKUMAR, SHAJI P. CHALY
State Of Kerala Represented By Its Secretary To Government Revenue Department – Appellant
Versus
Joy John, S/O. John P. J. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. S. Ranjith, Special Government Pleader
For the Respondent: Ms. A.R.Pravitha

JUDGMENT :

S. Manikumar, J

Instant writ appeal is filed by the State of Kerala and its officials challenging the judgment dated 5.4.2022 in W.P.(C) No.28181/2021, by which, relying on the decision in Baby M.K. and others v. District Collector, Ernakulam and others [2021 (6) KHC 318], a learned single Judge directed the Revenue Divisional Officer, Muvattupuzha, 3rd respondent therein, to refund the amount of Rs.8,83,500/- which the writ petitioner has remitted on 26.10.2021, within two months from the date of receipt of a copy of the said judgment.

2. W.P.(C) No.28181/2022 is filed by the respondent herein seeking to issue a writ of mandamus directing the appellants to refund the amount paid as per Exhibit-P2, challan issued by the Sub Treasury Officer, Muvattupuzha, respondent No.5 therein, with interest to the writ petitioner, within a time frame to be fixed by this Court.

3. Brief facts leading to the filing of the writ petition are as under: The respondent/writ petitioner is in possession of 6.07 Ares of property of Velloorkunnam Village. Since the property is shown as 'nilam' i

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