High Court of KeralaWP(C)/4749/2015disposed of

A.K. Noorudheen Shah v. State Of Kerala

2015-02-18Honourable 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 18TH DAY OF FEBRUARY 2015/29TH MAGHA, 1936 WP(C).No. 4749 of 2015 (P) -------------------------------------- PETITIONER(S):

---------------------- A.K. NOORUDHEEN SHAH, AGED 50 YEARS S/O.KUNJUMON, M/S.SHAH ADVERTISERS KADAVANTHODE BUILDING, WEST PALACE ROAD NEAR BHIMA BUILDING, NORTH BUS STAND, THRISSUR. BY ADV. SRI.ZAKEER HUSSAIN RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 695001.

2. DEPUTY TAHSILDAR REVENUE RECOVERY, TALUK OFFICE, CHAVAKKAD 680506.

3. VILLAGE OFFICER THAILIKKULAM VILLAGE, THALIKKULAM 680 569.

4. PALAKKAD MUNICIPALITY REPRESENTED BY ITS SECRETARY, PALAKKAD 678014. R1-3 BY GOVERNMENT PLEADER SRI.SUDHEESH KUMAR R4 BY ADVS. SRI.T.C.SURESH MENON SRI.P.S.APPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 4749 of 2015 (P) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE AGREEMENT DATED 10.12.2009 P2:

TRUE COPY ORDER DATED 20.08.2010 ISSUED BY THE 4TH RESPONDENT P3:

TRUE COPY AUTHORIZATION DATED 05.04.2011 ISSUED BY THE 4TH RESPONDENT P4:

TRUE COOPY OF THE ORDER DATED 18.10.2012 ISSUED BY THE 4TH RESPONDENT P5:

TRUE COPY OF THE DEMAND NOTICE DATED 11.11.2014 ISSUED BY THE 2ND RESPONDENT P6:

TRUE COPY OF THE DEMAND NOTICE DATED 11.11.2014 ISSUED BY THE 2ND RESPONDENT P7:

TRUE COPY OF THE REPRESENTATION DATED 09.12.2014 SUBMITTED BY THE PETITIONER P8:

TRUE COPY OF THE ORDER DATED 17.12.2014 OF THE 1ST RESPONDENT P9:

TRUE COPY OF THE RECEIPT DATED 18.12.2015 ISSUED BY THE 3RD RESPONDENT RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.K.JAYASANKARAN NAMBIAR, J.

........................................................ ......................................................... Dated this the 18th day of February, 2015

J U D G M E N T

The limited prayer urged on behalf of the petitioner at the time of admission of the writ petition, is for a direction to the 4th respondent to consider and pass orders on Ext.P7 representation that has been filed by the petitioner before him, within a stipulated time and to keep the revenue recovery proceedings in abeyance till such time as orders are passed by the 4th respondent.

2. I have heard Sri.Zakir Hussain, the learned counsel for the petitioner and Sri.Suresh Menon T.C., the learned Standing counsel for the 4th respondent and the learned Government Pleader for respondents 1 to 3.

On a consideration of the facts and circumstances of the case as also the submissions made across the bar, and taking note of the factual aspects which are disputed in the present writ petition, I direct the 4th respondent Municipality to consider and pass orders on Ext.P7 representation preferred by the petitioner, after hearing the petitioner, within a period of three weeks from the date of receipt of a copy of this judgment. I make it clear that till such

time as orders are passed by the 4th respondent as directed and communicated to the petitioner, revenue recovery proceedings initiated against the petitioner through Exts.P5 and P6 notices shall be kept in abeyance.

A.K.JAYASANKARAN NAMBIAR JUDGE mns/