The court upheld the demand for lease rent despite claims of limitation, allowing payment in installments.

JUDGMENT

Petitioner has approached this Court challenging Exts.P13 and P14 and for a consequential direction to the respondents to accept and adjust the amount of Rs.66,875/- deposited by the petitioner as the full and final closure of the demand raised.

2. Brief facts necessary for the disposal of the writ petition are as follows: Petitioner is the owner of a timber mill and has taken on lease an extent of 5 cents of Government land which was lying nearby the mill of the petitioner as per the provisions of the Kerala Land Assignment Act . It is contended that at the time of granting lease Rs.375/- was fixed as rent and the same was subsequently revised to Rs.1,125/- and the petitioner had paid the lease amount till 1988-1989. It is contended that after 1989 petitioner was not using the land for stocking timber which the authorities was informed also. Subsequently for the period from 1996-1997 and 1997-1998 the petitioner was issued with Ext.P1 order granting lease at the rate of Rs.2,250/- for a period of two years and when the petitioner applied for renewal of lease during 1999-2000 it was informed by the 4^th respondent as per Ext.P2 notice that an amount of Rs.45,000/- is due for the period from 1998-1999 and 1999-2000. Petitioner objected to the same contending that petitioner has not taken the property on lease during 1998-1999. Therefore an appeal was preferred before the 3^rd respondent and Ext.P2 notice was set aside as per Ext.P3 order directing fresh consideration of the matter. Pursuant to the remand again Ext.P4 order was issued holding that the petitioner is liable to pay arrears of rent to the tune of Rs.67,500/-, against which also an appeal was preferred before the 3^rd respondent and pending the appeal petitioner was directed to pay 1/4^th of the amount awarded as per Ext.P4 order and the petitioner duly remitted the same. Thereafter the appeal was again allowed and the order was set aside and remitted back for reconsideration. After remand Ext.P6 order was passed directing the petitioner to pay an amount of Rs.2,21,875/-. Petitioner has filed objection and the same was rejected. Thereupon the petitioner was constrained to approach this Court filing O.P.No.4827 of 2003 and this Court as per Ext.P7 judgment directed the petitioner to approach the 3^rd respondent filing appeal and a direction was issued to take a final decision in the matter and an amount of Rs.25,000/- was directed to be deposited for stay against revenue recovery. Pursuant to the remand the 4^th respondent again directed the petitioner to pay enhanced amount of Rs.1,48,625/-, to which the petitioner again approached this Court filing W.P(C) No.7666 of 2008 and this Court again set aside the order impugned and directed reconsideration as per Ext.P8 judgment. Petitioner submits that pursuant to Exts.P7 and P8 judgments he has already remitted an amount of Rs.66,875/- and pursuant to the order in Ext.P8 the 4^th respondent has directed the petitioner to deposit an amount of Rs.1,23,624/- as per Ext.P9, which was also a subject matter of challenge in W.P.(C) No.33909 of 2008 and this Court disposed of the writ petition as per Ext.P10 judgment directing the petitioner to file an appeal before the 3^rd respondent and the order under challenge was ordered to be kept in abeyance till disposal of the appeal. An appeal was preferred by the petitioner and as per Ext.P11 order directed the petitioner to pay an amount of Rs.22,500/- for the period from 1997-1998 to 2001-2002 for an extent of 0.15 acres of land at the prevailing rate and directed to collect the lease rent for the year 2001-2002 at the rate of Rs.20,000/- per cent, ie., Rs.45,000/-. Challenging Ext.P11 order the petitioner has approached this Court filing W.P.(C) No.10948 of 2010 and this Court directed the petitioner to approach the revisional authority under Rule 28(1) of the Kerala Land Assignment Rules as per Ext.P12 judgment. Thereupon petitioner has approached the 1^st respondent and the 1^st r