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High Court of KeralaWP(C)/37626/2015disposed of

K.Johnson v. Commissioner (Land Revenue)

2015-12-17Honourable Dr. Justice A.K.Jayasankaran Nambiar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 WP(C).No. 37626 of 2015 (C) ---------------------------- PETITIONER:

-------------------- K. JOHNSON, S/O.THEKKUMPURAM KUNJU VAREED, KODAKARA P.O., CHALAKKUDY.

BY ADVS.SRI.K.I.MAYANKUTTY MATHER, SRI.JOSE JOSEPH (CHEMPLAYIL).

RESPONDENTS:

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

1. COMMISSIONER (LAND REVENUE), PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM- 695 001.

2. TAHSILDAR, CHALAKKUDY -680 307.

3. SIJO JOSE, S/O.JOSE MANJOORAN, POTTA P.O, CHALAKKUDY- 680 722.

4. COMMERCIAL TAX OFFICER- I, CHALAKKUDY- 680 307.

5. DEPUTY TAHSILDAR (REVENUE RECOVERY), CHALAKKUDY-680 307.

R1, R2, R4 & R5 BY GOVT. PLEADER SMT.LILLY K.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 37626 of 2015 (C) APPENDIX PETITIONER'S EXHIBITS:- P1:- TRUE COPY OF THE SALE DEED NO.2636/2014 OF KALLETTINKARA SRO DTD. 02/07/2014.

P2:- TRUE COPY OF THE NOTICE ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT TO THE PETITIONER DTD. 03/10/2015. P3:- TRUE COPY OF THE CLAIM PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 15/10/2015.

P4:- TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DTD 26/10/2015.

P5:- TRUE COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 30/11/2015.

P5(A):-TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 30/11/2015.

P6:- TRUE COPY OF THE ATTACHMENT NOTICE ISSUED BY THE 2ND RESPONDENT DTD. 28/11/2015.

P7:- TRUE COPY OF THE RECOVERY NOTICE ISSUED BY THE 5TH RESPONDENT U/S.7 OF THE REVENUE RECOVERY ACT DTD. 18/05/2015. P7(A):-TRUE COPY OF THE RECOVERY NOTICE ISSUED BY THE 5TH RESPONDENT UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DTD. 18/05/2015. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 37626 of 2015 ===================================================== Dated this the 17th day of December, 2015

JUDGMENT

The petitioner, who is aggrieved by the revenue recovery steps initiated against him for recovery of alleged defaulted tax amounts of the erstwhile owner of the property that the petitioner had purchased, has preferred Ext.P5 revision petition before the 1st respondent, against the order of the 2nd respondent. It is pointed out that the revision petition has been posted for hearing before the 1st respondent at 3 PM on 30.12.2015. Taking note of the said submission, I dispose the writ petition with the following directions: The 1st respondent shall consider and pass orders on Ext.P5 revision petition, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. Further steps for recovery pursuant to Exts.P6, P7 and P7(a) shall be kept in abeyance, till such time as orders are passed by the 1st respondent as directed, and communicates the same to the petitioner.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das /17.12.15