High Court of KeralaWP(C)/3481/2015disposed of

Anilkumar v. State Of Kerala

2015-02-04Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 4TH DAY OF FEBRUARY 2015/15TH MAGHA, 1936 WP(C).No. 3481 of 2015 (I) --------------------------- PETITIONER :

----------------------- ANIL KUMAR,S/O.ANANDAN, ANANDAPURIYIL HOUSE, VADAKKAKOCHUMURY KARA, PUTHUPPALLY NORTH.P.O., KAYAMKULAM, ALAPPUZHA DISTRICT-690 527 BY ADVS.SRI.DIPU.R SRI.SANAL P.RAJ SMT.DHANYA BABU SMT.P.A.PRIYA SMT.T.T.JAYANTHY RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

2. THE DISTRICT COLLECTOR, ALAPPUZHA, COLLECTORATE, ALAPPUZHA-688 001

3. THE TAHASILDAR, KARTHIKAPPALLY TALUK, TALUK OFFICE, HARIPAD, ALAPPUZHA-690 514.

4. VILLAGE OFFICER, PUTHUPPALLY VILLAGE, VILLAGE OFFICE, NEAR DEVIKULANGARA TEMPLE, PUTHUPPALLY NORTH (PO), KAYAMKULAM, ALAPPUZHA-690 527 R1 TO R4 BY GOVERNMENT PLEADER SRI.SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.3481/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE DEMAND NOTICE UNDER SECTION 7 DATED 17/10/2014 P2 COPY OF THE NOTICE OF DEMAND PRIOR TO ATTACHMENT OF LAND DATED 17/10/2014 P3 COPY OF THE REPRESENTATION DATED 28/1/2015 P4 COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT'S OFFICE P5 COPY OF THE RECEIPT ISSUED FROM THE 3RD RESPONDENT'S OFFICE. RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

A.K.JAYASANKARAN NAMBIAR, J.

................................................. ............................................... Dated this the 4th day of February, 2015

JUDGMENT

The petitioner, who is faced with revenue recovery steps initiated by the respondents, for recovery of dues pursuant to an award passed by the Motor Accident Claims Tribunal, Pala, has approached this Court with the present writ petition, seeking for the grant of installments for effecting payment of the amounts that are now demanded from him.

2. I have heard Sri.Dipu.R, learned counsel appearing for the petitioner and Sri.Shyson P.Manguzha, learned Government Pleader appearing on behalf of the respondents.

3. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, and the plea of financial hardship raised on behalf of the petitioner, I dispose the writ petition with the following directions : (i) The total amount due from the petitioner is stated to be Rs.1,27,980/- together with accrued interest and collection charges. Accordingly, if the petitioner remits the said amount of Rs.1,27,980/- together with accrued interest and collection charges in six equal and successive monthly installments commencing from 20.02.2015; then, the recovery steps pursuant to Exts.P1 and P2 shall be kept in abeyance.

(ii) It is made clear that, if the petitioner defaults in any one installment, then he will lose the benefit of this judgment and the recovery steps initiated against him shall be continued from the stage where it stands now.

(iii) The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps. The writ petition is disposed as above.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE AMV/04/02/