Unnikrishnan Nair v. The Deputy Tahsildar(Revenue Recovery)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 6TH DAY OF APRIL 2015/16TH CHAITHRA, 1937 WP(C).No. 9308 of 2015 (K) --------------------------- PETITIONER(S):

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1. UNNIKRISHNAN NAIR, MULLEELETH HOUSE, KOKKATHODU, ARUVAPPULAM VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA-689 691.

2. VALSALA,W/O.UNNIKRISHNAN NAIR, MULLEELETH HOUSE, KOKKATHODU, ARUVAPPULAM VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA-689 691.

BY ADVS.SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.SUNANDA SUKUMARAN SMT.K.R.MONISHA SRI.DENNY VARGHESE SMT.ELIZABATH THOMAS RESPONDENT(S):

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1. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), PATHANAMTHITTA-689 645.

2. THE VILLAGE OFFICER, VILLAGE OFFICE, ARUVAPPULAM, PATHANAMTHITTA-689 691. BY GOVERNMENT PLEADER SRI.SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 9308 of 2015 (K) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1 :

TRUE COPY OF SETTLEMENT DEED NO.2370/2004 OF SRO, KONNI. EXT P2 :

TRUE COPY OF LAND TAX RECEIPT PAID BY THE 2ND PETITIONER DATED 18-06-2014.

EXT P3 :

TRUE COPY OF PROPERTY TAX RECEIPT NO.B2144623 DT 16-02-2015. EXT P4 :

TRUE COPY OF FORM 10 DEMAND NOTICE ISSUED BY 1ST RESPONDENT DT 17-01-2015 EXT P5 :

TRUE COPY OF NOTICE IN FORM NO.10 ISSUED BY THE 1ST RESPONDENT DT 17.01.2015.

EXT P6 :

TRUE COPY OF NOTICE IN FORM NO.1 DT 17.01.2015 ISSUED BY THE 1ST RESPONDENT.

EXT P7 :

TRUE COPY OF NOTICE IN FORM NO.1 DT 17.01.2015 ISSUED BY THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

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

A.K.JAYASANKARAN NAMBIAR, J.

................................................. W.P.(C) No. 9308 of 2015 (K) ............................................... Dated this the 6th day of April, 2015

JUDGMENT

The grievance of the petitioners in the writ petition is that, the respondents, acting under the Kerala Revenue Recovery Act, 1968, [for short, the 'Act'] for recovery of the amounts due from their son, have sought to proceed against their properties in terms of the Act.

2. I have heard Sri.Philip T.Varghese, the learned counsel for the petitioners and Sri.Shyson P.Manguzha, the learned Government Pleader for the respondents.

The learned Government Pleader on instructions would submit that, the respondents are proceeding only against the properties of the son of the petitioners and not against the properties of the petitioners. This submission of the learned Government Pleader is recorded, and the writ petition is closed. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE AMV/06/04/