High Court of KeralaWP(C)/38400/2015disposed of

M.K.Vijayarajan v. The District Collector

2015-12-17Honourable 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 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 WP(C).No. 38400 of 2015 (Y) ---------------------------- WRIT PETITIONERS:- -------------------------------

1. M.K.VIJAYARAJAN, S/O.KESAVAN,AGED 68 YEARS, 'SINI NILAYAM', MALLASSERRY P.O., PRAMADAM VILLAGE, KONNI TALUK, PATHANAMTHITTA - 689 646.

2. MILLU S LAL, D/O.SINILAL, AGED 22 YEARS, 'SINI NILAYAM', MALLASSERRY P.O., PRAMADAM VILLAGE, KONNI TALUK, PATHANAMTHITTA - 689 646.

3. MILAN S LAL,S/O.SINILAL, AGED 19 YEARS, SINI NILAYAM', MALLASSERRY P.O., PRAMADAM VILLAGE, KONNI TALUK, PATHANAMTHITTA - 689 646.

BY ADVS.SRI.JOY THATTIL ITTOOP SRI.A.G.ADITYA SHENOY SRI.BIJISH B.TOM SRI.JACOB TOMLIN VARGHESE SMT.NEVIS CASSANDRA L COXTON LORETTA RESPONDENTS:- ------------------------------

1. THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTORATE, PATHANAMTHITTA - 689 645.

2. THE DEPUTY TAHZILDHAR (RR), OFFICE OF THE DEPUTY TAHZILDHAR, PATHANAMTHITTA - 689 646.

3. THE VILLAGE OFFICER, PRAMADAM VILLAGE, OFFICE OF THE VILLAGE OFFICER, PATHANAMTHITTA - 689 646.

4. THE CHIEF MANAGER, STATE BANK OF INDIA, PATHANAMTHITTA BRANCH, PATHANAMTHITTA - 689 645.

R1 TO R3 BY GOVERNMENT PLEADER SMT. LILLY.K.T R4 BY SRI.R.S.KALKURA, SC, SBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 38400 of 2015 (Y) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

TRUE COPY OF THE DEMAND NOTICE DATED 21.10.2014 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2.

TRUE COPY OF THE DEMAND NOTICE PRIOR TO ATTACHMENT OF LAND DATED 21.10.2015 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3.

TRUE COPY OF THE OBJECTION DATED 11.11.2015 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P4.

TRUE COPY OF THE SETTLEMENT DEED DATED 28.09.2015 REGISTERED WITH THE PATHANAMTHITTA SUB REGISTRY. RESPONDENT(S)' EXHIBITS:

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

A.K.JAYASANKARAN NAMBIAR, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.38400 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of December 2015

JUDGMENT

Against Exts.P1 and P2 demand notices under the Revenue Recovery Act that were served on the petitioners, the petitioners have preferred Ext.P3 objection under Section 34 of the Revenue Recovery Act, before the 2nd respondent. The limited prayer of the petitioners in the writ petition is for a direction to the 1st respondent to consider and pass orders on Ext.P3 objection, after hearing the petitioners and the 4th respondent.

2. I have heard the learned counsel for the petitioners, the learned Government Pleader for respondents 1,2 and 3 and Sri.R.S.Kalkura, the learned standing counsel for respondent 4.

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.P3 objection, after hearing the petitioners and the 4th respondent, within a period of one month from the date of receipt of a copy of this judgment. It is made clear that till such time as orders are passed by the 1st

W.P.(c).No.38400 of 2015 : 2 :

respondent as directed, and communicated to the petitioners, coercive steps for recovery pursuant to Exts.P1 and P2 demand notices shall be kept in abeyance. The petitioners shall produce a copy of this writ petition along with a copy of this judgment before the 1st respondent for further action.

The writ petition is disposed as above.

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