High Court of KeralaWP(C)/6576/2015disposed of

Lyla Mohan v. The Tahsildar

2015-03-04Honourable Mr.Justice K.Vinod Chandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936 WP(C).No. 6576 of 2015 (V) --------------------------- PETITIONER(S):

-------------------------- LYLA MOHAN, AGED 51 YEARS, W/O. MOHANAN, KARICKAL HOUSE, PALLITHAZHAM, MULANTHURUTHY VILLAGE, MULANTHURUTHY POST, ERNAKULAM DISTRICT.

BY ADVS.SRI.V.R.KESAVA KAIMAL, SMT.C.DEVIKA RANI KAIMAL.

RESPONDENT(S):

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

1. THE TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM DISTRICT, KOCHI-682 011.

2. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD-682 030.

3. THE CANARA BANK, REP. BY ITS BRANCH MANAGER, MULANTHURUTHY BRANCH, MULANTHURUTHY-682 314.

R1 & R2 BY GOVT. PLEADER SRI.R. RANJITH.

R3 BY ADV. SRI.P.GOPINATH MENON, SC.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 6576 of 2015 (V) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 :

COPY OF THE PLAINT IN OS NO.266/2011 ON THE FILES OF THE SUB COURT, ERNAKULAM.

EXT.P2 :

COPY OF THE WRITTEN STATEMENT DATED 01.08.2011 FILED BY THE PETITIONER.

EXT.P3 :

COPY OF NOTICE DATED 09.11.2011 ISSUED BY THE FIRST RESPONDENT.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

K. Vinod Chandran, J.

-------------------------------------- W.P(C) No.6576 of 2015-V ------------------------------------- Dated this the 04th day of March, 2015

JUDGMENT

The petitioner challenges Exhibit P3 notice for revenue recovery. Admittedly there is a decree passed against the petitioner, which is dated 30.06.2014. The petitioner contends that she has not received a certified copy of the decree and, hence, cannot file an appeal, which she intends to do.

2. In the light of the above, the recovery shall be stayed for a period of three months, on condition of the petitioner paying one-fourth of the amount demanded as per Exhibit P3, within a period of one month from today. The further recovery shall depend upon the orders in the appeal, if any filed.

The writ petition is disposed of as above.

Sd/- K. Vinod Chandran, Judge vku/ [ true copy ]