High Court of KeralaWP(C)/17872/2015disposed of

Aswathy Natarajan v. The District Collector, Pathanamthitta

2015-10-01Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 WP(C).No. 17872 of 2015 (H) ---------------------------------------- PETITIONER(S):

---------------------- ASWATHY NATARAJAN, AGED 33 YEARS, D/O. NATARAJAN, KOCHUVEETIL HOUSE, MANTHANAM, MALLAPPALLY TALUK, PATHANAMTHITTA.

BY ADV. SRI.S.NIDHEESH RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR, PATHANAMTHITTA-689645.

2. THE TAHASILDAR, MALLAPPALLY, PATHANAMTHITTA-659585.

3. SURENDERAN P.N., S/O NANUPANICKER, GOPURATHIL VEEDU, KUNNAMTHANAM VILLAGE, PATHANAMTHITTA-689581.

4. MINI SURENDRAN, VELLUKAVU PUTHUPARAMBIL VEEDU, KUNNAMTHANAM P.O. MALLAPPALY TALUK, PATHANAMTHITTA-689591.

R1 & 2 BY GOVERNMENT PLEADER SMT.K.T.LILLY R3 & 4 BY ADVS. SRI.S.JAYAKRISHNAN SRI.S.PARAMESWARA PRASAD SMT.S.USHAKUMARI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17872 of 2015 (H) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE SALE DEED DATED 28.11.2014. EXHIBIT P2: TRUE COPY OF THE NOTICE DATED 5.6.2015. EXHIBIT P3: TRUE COPY OF THE ORDER DATED 18.4.2012 OF THE JFCM, THIRUVALLA.

EXHIBIT P4: TRUE COPY OF THE CLAIM PETITION DATED 10.6.2015. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.K.JAYASANKARAN NAMBIAR, J.

---------------------------------------------------------- W.P.(C). No.17872 of 2015 ---------------------------------- Dated this the 1st day of October, 2015

JUDGMENT

The petitioner, who had purchased an extent of land by an outright sale is aggrieved by the notice served on her by the Village Officer stating that the property purchased by her has already been attached under the provisions of the Revenue Recovery Act to satisfy a Court fine of Rs.6.50 lakhs. In the writ petition, it is the case of the petitioner that she was not aware of any such liability and the attachment was made only subsequent to the sale in her favour. It is pointed out that she has preferred Ext.P4 claim petition before the 1st respondent and the limited prayer in the writ petitioner is for a direction to the 1st respondent to consider and pass orders on the claim petition and to keep in abeyance recovery steps initiated against said property in the meanwhile. 2.

I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader appearing for the respondents.

3. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I direct the 1st respondent to consider and pass orders on Ext.P4 claim petition

-2W.P.(C). No.17872 of 2015 filed by the petitioner within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. The interim stay, of recovery proceedings against the property of the petitioner, that was granted by this Court on 15/06/2015 and extended thereafter shall continue to be in force till such time as the 1st respondent passes orders as directed and communicates the same to the petitioner.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE rsr