Procedure to be followed for collecting arrears of revenue.

1. Aggrieved by the order of the second respondent Collector, Nilgiris District dated 1.12.1994. the petitioner has filed the above writ petition to quash the same and consequently direct the second respondent to forward the appeal dated 07,09.1987 filed by him to the third respondent, in order to enable the third respondent to consider the same and pass appropriate orders in accordance with law.

2. According to the petitioner, he has been in occupation and possession of 18 acres of land in S.Nos.48/A/23, 163/E4 and 58/2 in Cherangode Village, Nilgiris District. The lands had been cultivated by his father for over half century on payment of "B" memo charges. After his death in 1962, he has been continuously cultivating these lands, after payment of "B" memo charges. On 31.12.1964, he was assigned 5 acres of land in S.No.48/A of Cherangode Village on payment of entire value. His application for assignment of the balance and in his occupation was kept in abeyance. On 29.03. 1965, he submitted a petition to the Revenue Board, requested for allotment of the balance land to him. The Revenue Board informed him that, he may approach the second respondent for necessary orders. Thereafter, he filed a petition to the second respondent on 3.5.1966 to consider his case for assignment of the balance land to him. He also expressed his willingness to pay the land value at double the market rate. The second respondent instead of assigning the land to him, asked him to take the land on lease for Rs.940 plus local cess and local cess surcharge, which totally worked out to Rs.260 per acre, totalling in all a sum of Rs.2,303 per annum. By deed of lease dated 26.10.1969 between the Governor of Madras and him, 11 acres and 23 cents was given on lease to him for a period of 10 years commencing from 10.12.1968.

3. During the tenure of lease, in 1976, 3 acres of land in S.No.48/A32 covered under the lease was assigned to his daughter Tmt. K. Sudha, for a sale consideration of Rs.756 plus Rs.20 towards the value of trees.

4. During the pendency of the lease and thereafter, he had persuaded with respondents 2 and 3 for assignment of the balance land. After expiry of lease, in 1978, the first respondent issued a "B" memo for collection of penalty alleging encroachment of the land. When he applied for an extract of chitta in the year 1986, he came to know that he had been granted ryotwari patta in respect of 2.08 hectares of land comprised S.No.58/2 and Re-Survey No.178/1 during the settlement operation in 1980/1982. While so, the first respondent by his order dated 26.9.1986, demanded payment of an amount of Rs.940.00 per annum from 9.10.1978 in respect of properties comprised in S.No.58/2 and 163/E4, totalling in all an area of 11.23 acres. Since he was all along requesting for assignment of the land in his favour, on 3.11.1986, he filed an appeal to the second respondent against the order of the first respondent. The second respondent, by order dated 11.5.1987, without considering his appeal and allegedly relying on G.O.Ms.No.472 Revenue Department dated 20.3.1987, fixed the lease amount at Rs.8,065.40 per annum. Since he was not aware of the Government Order, he sent a letter requesting him to furnish a copy of the same. Till date, no copy of the said Government Order has been furnished to him. Thereafter, the first respondent issued an order dated 24.8.1987, demanding a sum of Rs.1,71,265.06 from him towards alleged lease amount for the period 1978 to 1982 together with interest, cess etc., in respect or 8.2.3 acres, after deducting the 3 acres assigned to his daughter.

5. Questioning the same, he filed a petition before the second respondent on 7.9.1987 stating that, without any intimation, by communication dated 01.12.1994, served by affixture in his absence, informing him that the amount is demanded as land arrears under the summary provisions of the Revenue Recovery Act is illegal and contrary to law. The second respondent is also no