Kerala High Court
Shamsad vs State Of Kerala on 5 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 41523 OF 2023
PETITIONER:
SHAMSAD,
AGED 39 YEARS,
S/O.KUNJUMUHAMMAD ODAKUZHYPARAMBIL
HOUSE,PUTHENKADAVU,
PUDUVASSERY,
NEDUMBASSERY P.O.,
ERNAKULAM, PIN - 683585
BY ADVS.
K.J.MANU RAJ
K.VINAYA
RISHAD KOCHERY
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
PIN - 695001
2 THE NEW INDIA ASSURANCE COMPANY LTD,
REPRESENTED BY ITS BRANCH MANAGER,
SUB JAIL ROAD, P.O.ALUVA,
ERNAKULAM, PIN - 683101
3 THE DISTRICT COLLECTOR ,
CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN - 682030
4 THE DEPUTY TAHSILDAR ,
REVENUE RECOVERY,
ALUVA TALUK, ALUVA,
ERNAKULAM, PIN - 683101
5 VILLAGE OFFICER,
CHENGAMAND CHENGAMANAD P.O.,
ERNAKULAM, PIN - 683578
W.P.(C) No.41523/2023
:2:
BY ADVS.
GOPINATHAN S., SR.GOVERNMENT PLEADER
SURESH SUKUMAR
K.P.RENJINI(R-397)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.41523/2023
:3:
JUDGMENT
Dated this the 5th day of April, 2024 The writ petition has been filed by the petitioner seeking to call for the records leading to Exts.P3 and P4 and quash the same. The petitioner also seeks to declare that the Revenue Recovery proceedings initiated against the petitioner by way of Exts.P3 and P4 are illegal and contrary to Ext.P2 judgment.
2. Standing Counsel representing the 2 nd respondent submitted that the Award in O.P.(M.V.) was taken up in appeal filing M.A.C.A. No.2938 of 2015, which was allowed as per judgment dated 07.11.2017. Therefore, Exts.P3 and P4 cannot be prosecuted.
In view of the above, the writ petition is disposed of setting aside Exts.P3 and P4.
Sd/-
N. NAGARESH JUDGE SR W.P.(C) No.41523/2023 :4: APPENDIX OF WP(C) 41523/2023 PETITIONER'S EXHIBITS:
Exhibit P 1 A TRUE COPY OF THE AWARD PASSED IN OP(MV) NO.388 OF 2009 DATED 17.12.2014 ON THE FILES OF MOTOR ACCIDENT CLAIM TRIBUNAL NORTH PARAVUR Exhibit P 2 A TRUE COPY OF THE JUDGMENT IN MACA NO. 2938 OF 2015 DATED 7.11.2017 ON THE FILES OF THIS HON'BLE COURT Exhibit P 3 A TRUE COPY OF THE NOTICE ISSUED IN FORM 1 UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 17.8.2023 Exhibit P 4 A TRUE COPY OF THE NOTICE ISSUED IN FORM 10 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED 17.8.2023.