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2023 Supreme(Ker) 259

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
State of Kerala, Rep. by its Secretary to the Department of Revenue – Appellant
Versus
West India Steel Company Limited – Respondent


Advocates Appeared:
For the Appellant : Sri. M.H. Hanil Kumar, Spl. Govt. Pleader (Revenue).
For the Respondent: Sri. N.M. Madhu, Smt. C.S. Rajani.

JUDGMENT :

A. Muhamed Mustaque, J.

This writ appeal is filed by the State.

2. The writ petitioner was a defaulter of public revenue arrears and also had dues under the Workmen's Compensation Act. Revenue recovery proceedings were initiated under the Kerala Revenue Recovery Act. Ultimately, the properties belonged to the writ petitioner were auctioned and the Government purchased the properties in auction as bought-in-land for Rs.1/-on 04.07.2003. Thereafter, revenue recovery was initiated again. In that process, the writ petitioner discharged the entire liability as recoverable from him. The payment was effected on 13.08.2008. The writ petitioner, thereafter, approached the authorities for re-conveyance of the land purchased by the State Government as bought-in-land, which was unsuccessful. Accordingly, the writ petitioner approached this Court with the writ petition. In the writ petition, the learned Single Judge ordered re-conveyance and restitution of the property. This is challenged in appeal by the State.

3. The learned Special Government Pleader, placing reliance on the decisions of the Division Bench of this Court in State of Kerala v. George Jacob [2010 (3) KLT 483] and Distric

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