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High Court of KeralaWP(C)/36974/2015disposed of

M.Hazeena v. The Kerala State Financial Enterprises Limited

2015-12-07Honourable Dr. Justice A.K.Jayasankaran Nambiar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 7TH DAY OF DECEMBER 2015/16TH AGRAHAYANA, 1937 WP(C).No. 36974 of 2015 (V) --------------------------------------- PETITIONER(S):

----------------------- M.HAZEENA, W/O.ASHARUDHEEN, CHARUVILA PUTHEN VEEDU, NAVAYIKULAM, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM BY ADV. SRI.B.MOHANLAL RESPONDENT(S):

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

1. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REGISTERED OFFICE BHADRATHA, P.B.NO.510, MUSEUM ROAD, CHEMBUKKAVU P.O., THRISSUR 20, REPRESENTED BY ITS MANAGING DIRECTOR.

2. THE DEPUTY COLLECTOR (SPECIAL ) THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REGISTERED OFFICE BHADRATHA, P.B.NO.510, MUSEUM ROA,D CHEMBUKKAVU P.O., THRISSUR - 20.

3. THE DEPUTY TAHASILDAR (REVENUE RECOVERY), KERALA STATE FINANCIAL ENTERPRISES LIMITED, NEW TRADE CENTRE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695 011.

4. THE DEPUTY TAHASILDAR (REVENUE RECOVERY), KERALA STATE FINANCIAL ENTERPRISES LIMITED, KERALA STATE FINANCIAL ENTERPRISES BUILDING, CHINNAKKADA, KOLLAM - 691 001.

5. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LIMITED, PALLICKAL P.O, KILIMANOOR VIA, THIRUVANANTHAPURAM 695604.

6. THE LAND REVENUE COMMISSIONER, GOVERNMENT OF KERALA, PUBLIC OFFICE BUILDING P.O. MUSEUM, THIRUVANANTHAPURAM.

R1-R5 BY SRI.ALEXANDER.C.V., SC R6 BY GOVERNMENT PLEADER SMT.LILLY K.T.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 36974 of 2015 (V) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1. THE TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER'S HUSBAND.

EXT.P2. THE TRUE COPY OF THE REVENUE RECOVERY DEMAND NOTICE NO.SDT/KLM/11094/14-15 DATED 10/12/2014 ISSUED BY THE 4TH RESPONDENT ISSUED TO THE PETITIONER'S HUSBAND. EXT.P3. THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S HUSBAND BEFORE THE MINSTER FOR FINANCE DATED 27/10/2014 AND THE ORDER.

EXT.P4. THE TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.4059/2015 OF THIS HON'BLE COURT FILED BY THE PETITONER'S HUSBAND. EXT.P5. THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 05/06/2015.

EXT.P6. THE TRUE COPY OF THE JUDGMENT IN W.P(C)NO.18842/2015 OF THIS HON'BLE COURT FILED BY THE PETITIONER.

EXT.P7. THE TRUE COPY OF THE ORDER NO.9048/2015 DATED 26/08/2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITONER.

EXT.P8. THE TRUE COPY OF THE APPEAL DATED 16.11.2015 FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT .

EXT.P9. THE TRUE COPY OF THE ORDER NO.PKL/312/155 DATED 08/09/2015 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER'S HUSBAND. RESPONDENT(S)' EXHIBITS:

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

A.K.JAYASANKARAN NAMBIAR, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.36974 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of December 2015

JUDGMENT

Petitioner who is faced with revenue recovery proceedings for recovery of defaulted chitty amounts, seeks only a direction to the 6th respondent before whom Ext.P8 appeal has been filed, in terms of the revenue recovery Act, to consider and pass orders on the same, expeditiously after hearing the petitioner.

2. I have heard the learned counsel for the petitioner and the learned standing counsel for the respondents.

3. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I direct the 6th respondent to consider and pass orders on Ext.P8 appeal, within a period of one month, after hearing the petitioner. Recovery steps for recovery of amounts due from the petitioner shall be kept in abeyance, till such time as orders are passed by the 6th respondent as directed and communicated to the petitioner.

The writ petition is disposed as above.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sm/