High Court of KeralaWP(C)/6553/2015disposed of

Harikumar.B.S v. Secretary,Kerala Khadi & Village Industries Board

2015-03-06Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936 WP(C).No. 6553 of 2015 (T) --------------------------- PETITIONER:

--------------------- HARIKUMAR.B.S, S/O.LATE BHASKARAN PILLAI, AGED 45 YEARS, SANTHINILAYAM,THEVALAPURAM.P.O, KOTTARAKKARA, KOLLAM DISTRICT.

BY ADV. SRI.C.B.SREEKUMAR RESPONDENTS:

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

1. SECRETARY, KERALA KHADI & VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM.PIN-695 002

2. DEPUTY TAHSILDAR (RR), TALUK OFFICE, KOTTARAKKARA.PIN-691 009 R1 BY SRI.TOM K.THOMAS, SC R2 BY GOVERNMENT PLEADER SRI.SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 6553 of 2015 (T) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF THE MEDICAL RECORDS OF PETITIONER'S WIFE EXT.P2 TRUE COPY OF THE DEMAND NOTICES UNDER SECTION 34 OF THE REVENUE RECOVERY ACT EXT.P3 TRUE COPY OF THE DEMAND NOTICES DATED 07.06.2011 UNDER SECTION 7 OF THE REVENUE RECOVERY ACT EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 24.02.2015 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

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

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. ............................................................. Dated this the 6th day of March, 2015 J U D G M E N T The petitioner who is faced with revenue recovery steps initiated at the instance of the 1st respondent Board has approached this Court challenging the revenue recovery action, inter alia, on the ground that, the amounts shown as recoverable from him are grossly exaggerated, and that the respondent Board has not given credit to certain payments that have been made by him. It is also his case that by Ext.P4 representation preferred before the 1st respondent board, he has sought for the waiver of penal interest and also the facility of instalments for paying dues to the respondent Board.

2. I have heard Sri.C.B.Sreekumar, learned counsel for the petitioner and Sri. Tom K.Thomas, the learned Standing counsel for the 1st respondent Board and learned Government Pleader Sri.Shyson P. Manguzha, for the 2nd respondent.

3. 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 1st respondent to consider and pass orders on Ext.P4 representation submitted by the petitioner before

it, in the light of the one time settlement scheme said to be in force till 31.03.2015. The 1st respondent shall pass appropriate orders as directed within a period of one month from the date of receipt of a copy of the judgment after hearing the petitioner. It is made clear that recovery proceedings initiated against the petitioner shall be kept in abeyance till such time as the 1st respondent passes orders as directed and communicates the same to the petitioner. A.K.JAYASANKARAN NAMBIAR JUDGE mns