High Court of KeralaWP(C)/9982/2015disposed of

O.D.Jose v. State Of Kerala

2015-05-22Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937 WP(C).No. 9982 of 2015 (W) --------------------------- PETITIONER:

------------------- O.D.JOSE, S/O.DEVASSY, OLAKKENGIL HOUSE, VELUR P.O, THRISSUR - 680 601.

BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PALAYAM P.O, PIN - 695 001.

2. THE DISTRICT COLLECTOR, THRISSUR, COLLECTORATE, AYYANTHOLE P.O, THRISSUR DISTRICT, PIN - 680003.

3. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), OFFICE OF THE DEPUTY TAHSILDAR, CHEMBUKAVU P.O, THRISSUR DISTRICT, PIN - 680 020.

4. THE VILLAGE OFFICER, VELUR VILLAGE OFFICE, VELUR P.O, THRISSUR DISTRICT, PIN - 680 601.

5. THE MANAGER, PUNJAB NATIONAL BANK, THRISSUR KURUPPAN ROAD, THRISSUR - 680001.

R1 TO R4 BY GOVERNMENT PLEADER SMT.SHEEBA.M.T R5 BY SRI.SANTHEEP ANKARATH, SC BY ADV. SRI.C.AJITH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 9982 of 2015 (W) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1- TRUE COPY OF THE SETTLEMENT-DEED NO 924/2001 OF SUB REGISTRAR OFFICE, MUNDOOR, DATED 29.3.2001.

P2TRUE COPY OF TAX RECEIPT ISSUED BY THE VELUR GRAMA PANCHAYATH WITH RESPECT TO BUILDING NO.XII/355 DATED 19.3.2013. P3TRUE COPY OF THE REVENUE RECOVERY NOTICE DEMANDING SUM OF RS.33,30,488/- ISSUED BY THE 3RD RESPONDENT DATED 12.3.2015. P4TRUE COPY OF THE REVENUE RECOVERY NOTICE DEMANDING SUM OF RS. 37,79,462/- ISSUED BY THE 3RD RESPONDENT DATED 12.3.2015. RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.9982 of 2015 ******************************************************* Dated this the 22nd day of May, 2015

JUDGMENT

The petitioner challenges the Revenue Recovery Proceedings initiated against him for a default committed by a partnership firm. It is admitted at the bar by the learned counsel for the Bank that the petitioner has neither availed any loan in his individual capacity nor his property was mortgaged. In that view of the matter, the Revenue Recovery Proceedings as against the petitioner is quashed. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln