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High Court of KeralaWP(C)/8349/2012disposed of

Rehabilitation Plantations Ltd. v. The District Collector, Kottayam

2015-08-17Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 17TH DAY OF AUGUST 2015/26TH SRAVANA, 1937 PETITIONER(S):

---------------------- REHABILITATION PLANTATIONS LTD., (A JOINT VENTURE OF GOVERNMENT OF INDIA AND GOVERNMENT OF KERALA), PUNALUR, KOLLAM DISTRICT, PIN - 691 305, REPRESENTED BY MANAGING DIRECTOR S. GOPALAKRISHNAN, I.F.S.

BY ADV. SRI.M.C.JOHN RESPONDENT(S):

-------------------------

1. THE DISTRICT COLLECTOR, KOTTAYAM, KOTTAYAM DISTRICT - 686 002.

2. THE TAHSILDAR, TALUK OFFICE, KANJIRAPALLY, KOTTAYAM DISTRICT, PIN - 686 510.

3. HAJEE K.P. SAYEED MOHAMMED, S/O. PAKKER MOHAMMED, KOLLAPURAYIDATHIL, KANJIRAPALLY, KOTTAYAM DISTRICT - 686 510.

* ADDITIONAL R4 TO R7 IMPLEADED

4. SARAH UMMA, W/O.SAYEED MOHAMMED, KOLLAPURAYIDATHIL, NOW RESIDING AT THATTAPARAMBIL HOUSE, PALAMPRA P.O., PATTIMATTOM, KOTTAYAM, PIN- 686 518.

5. K.S.MOHAMMED ISMAIL, KOLLAPURAYIDAM, NEAR PETTA GOVERNMENT HIGH SCHOOL, KANJIRAPPALLY, KOTTAYAM DIST., PIN - 686 510.

6. K.S.LAILA, W/O.ISMAILKHAN, PALACKAL VEEDU, PULIMAVU ANEITHOTTAM, KANJIRAPPALLY, KOTTAYAM PIN -686 510.

msv/ -2-

-2-

7. K.S.AYISHA UMMA W/O.ISMAIL KHAN, PALACKAL VEEDU, PULIMAVU ANEITHOTTAM, KANJIRAPPALLY, KOTTAYAM PIN - 686510.

* ADDL. R4 TO R7 ARE IMPLEADED AS PER ORDER DATED 23/03/2013 IN IA 4276/2013.

R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.R.RANJITH R5, R6 & R7 BY ADV. SRI.PHILIP T.VARGHESE R5 BY ADVS. SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.T.M.BINITHA SMT.SUNANDA SUKUMARAN SMT.N.ASWATHY SMT.C.A.SABITHA SMT.K.S.SANGEETHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXHIBIT-P1TRUE COPY OF THE REQUISITION DATED 29/04/2000 FROM THE PETITIONER TO THE IST RESPONDENT.

EXHIBIT-P2TRUE COPY OF THE CERTIFICATE ISSUED BY THE IST RESPONDENT DATED 26/08/2000.

EXHIBIT-P3TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 28/11/2000 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT-P4TRUE COPY OF THE LETTER DATED 25/10/2011 FROM THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT-P5TRUE COPY OF THE D.O. LETTER DATED 23/11/2011 OF THE IST RESPONDENT.

EXHIBIT-P6A TRUE COPY OF THE DEMI OFFICIAL (D.O) LETTER DATED 31/12/2011 OF THE IST RESPONDENT.

EXHIBIT-P7A TRUE COPY OF THE LETTER DATED 11/01/2012 FROM PETITIONER TO THE IST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

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

Msv/

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.8349 of 2012 ****************************************************************************** Dated this the 17th day of August, 2015

JUDGMENT

The petitioner is a Company. They approached this Court seeking a relief directing respondents 1 and 2 to proceed against the third respondent and other respondents under the Revenue Recovery Act to recover the amount due to them. Apparently, the official respondents did not initiate action against the party respondents for the obvious reason that they do not own movable or immovable properties in their name. The petitioner points out certain properties and submits that the party respondents own movable as well as immovable properties. It is also pointed out that certain properties have been transferred fraudulently to defeat the creditor. Therefore, those properties also could be proceeded under the Revenue Recovery Act.

2.

In this matter, a detailed counter affidavit has been filed by respondents 1 and 2. It is stated that there were no properties available to party respondents to proceed under the Revenue

W.P.(C) No.8349 of 2012 2 Recovery Act. It is further pointed out that in the counter affidavit that the petitioner is able to furnish the details of any property, they are prepared to proceed under the Revenue Recovery Act. Considering the facts and circumstances, it is ordered that if the petitioner is able to provide any details of movable or immovable properties of the defaulter including any property fraudulently transferred to defeat the creditor, necessary action shall be taken by the official respondents in accordance with law. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln