Shukkoor M.A. v. District Collector, Kollam
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 11TH DAY OF FEBRUARY 2015/22ND MAGHA, 1936 WP(C).No. 4421 of 2015 (C) --------------------------- PETITIONER :
--------------------- SHUKKOOR M.A.
SON OF MAJEED, 173, AISHA MANZIL CANTONMENT SOUTH, KOLLAM-691001.
BY ADVS.SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENTS :
--------------------------
1. THE DISTRICT COLLECTOR COLLECTORATE, KOLLAM-691013.
2. THE DEPUTY TAHSILDAR (REVENUE RECOVERY) KOLLAM, PIN 691001.
3. THE BRANCH MANAGER SYNDICATE BANK, KOLLAM BRANCH, KOLLAM PIN 691001.
R1 & R2 BY GOVT. PLEADER SRI. SHYSON P. MANGUZHA R3 BY ADV. SRI.R.S. KALKURA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn ...2/-
WP(C).No. 4421 of 2015 (C) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXHIBIT P1A TRUE COPY OF THE STATEMENT OF ACCOUNTS ISSUED BY THE THIRD RESPONDENT.
EXHIBIT P2A TRUE COPY OF THE DEMAND DATED 4-11-2014 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.
EXHIBIT P3A TRUE COPY OF THE DEMAND PRIOR TO ATTACHMENT OF LAND ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER DATED 4-11-2014.
EXHIBIT P4A TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 22-1-2015. RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------ //TRUE COPY// P.A. TO JUDGE Mn
A.K.JAYASANKARAN NAMBIAR, J.
........................................................ ......................................................... Dated this the 11th day of February, 2015
JUDGMENT
The limited prayer of the petitioner in the writ petition is for a direction to the 2nd respondent to consider and pass orders on Ext.P4 objection that has been filed by the petitioner in terms of Section 34 (2) of the Kerala Revenue Recovery Act. The contention of the petitioner is that the demand notice served on him pertains to a debt which has become time barred, and he has brought this to the notice of the 2nd respondent through Ext.P4 representation
2. I have heard Sri.Johnson Gomez, the learned counsel for the petitioner, Sri.R.S.Kalkura, for 3rd respondent and learned Government Pleader Sri.Shyson P.Manguzha, for the respondents 1 and 2.
On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P4 objection within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. The recovery steps initiated against the petitioner
through Exts.P2 and P3 notices shall be kept in abeyance till such time as the 2nd respondent passes orders as directed, and communicates the same to the petitioner.
A.K.JAYASANKARAN NAMBIAR JUDGE mns/