High Court of KeralaWP(C)/7115/2015disposed of

Pradeep P.J. v. District Collector

2015-03-06Honourable Dr. Justice A.K.Jayasankaran Nambiar4 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. 7115 of 2015 (L) --------------------------- PETITIONER :

----------------------- PRADEEP P.J., PUTHEN PARAMBIL HOUSE, MEZHUVELIL.P.O., PATHANAMTHITTA DISTRICT.

BY ADV. SRI.P.VINODKUMAR RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT-689 645

2. THE DY. TAHSILDAR, (REVENUE RECOVERY), TALUK OFFICE, PATHANAMTHITTA-689 645

3. THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.A 159, THIRUVALLA, REP. BY BY ITS SECRETARY, THIRUVALLA.P.O., PATHANAMTHITTA DISTRICT-689 101 R1 & 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. 7115 of 2015 (L) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF DEMAND NOTICE U/S.34 OF THE REVENUE RECOVERY ACT DATED 20.12.2014 ISSUED BY THE 2ND RESPONDENT. EXT.P2:

TRUE COPY OF RECEIPT DATED 30.08.2007 ISSUED BY THE 3RD RESPONDENT.

EXT.P3:

TRUE COPY OF LETTER DATED 16.11.2010 ISSUED BY THE 3RD RESPONDENT.

EXT.P4:

TRUE COPY OF PETITION DATED 16.02.2015.

RESPONDENT(S)' EXHIBITS:

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

A.K.JAYASANKARAN NAMBIAR, J.

................................................. W.P.(C) No. 7115 of 2015 (L) ............................................... Dated this the 6th day of March, 2015

JUDGMENT

The petitioner, who was served with Ext.P1 demand notice under Kerala Revenue Recovery Act, 1968, [for short, 'KRR Act'], has filed Ext.P4 representation in terms of Section 34(2) of the KRR Act before the 1st respondent.

2. The limited prayer of the petitioner in the writ petition is for a direction to the 1st respondent to consider and pass orders on Ext.P4 representation within a stipulated period and to keep the revenue recovery proceedings in abeyance in the meanwhile.

3. I have heard Sri.P.Vinod Kumar, the learned counsel for the petitioner and Sri.Shyson P. Manguzha, the learned Government Pleader for the respondents.

4. On a consideration of the facts and circumstances of the case and 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 filed by the petitioner before him within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner.

W.P.(C) No. 7115 of 2015 (L) I make it clear that, further proceedings pursuant to Ext.P1 shall not be pursued against the petitioner till such time as the 1st respondent passes orders, as directed above, and communicates the same to the petitioner.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE AMV/07/03/