Kerala High Court
Chockalingam @ Njanadas vs The District Collector on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 7912 OF 2024
PETITIONER:
CHOCKALINGAM @ NJANADAS
AGED 46 YEARS
S/O LINGASWAMY, MGP XII/721, PALLANADU KARA, MARAYOOR
P O, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685613
BY ADVS.
SHIRAZ ABDULLA M.S.
K.ABDUL NASSAR
VISHNU DEV C.S.
JYOTHISH K.H.
VINAYAK C.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, IDUKKI DISTRICT, PIN - 685603
2 DEPUTY COLLECTOR (RR)
COLLECTORATE, IDUKKI DISTRICT, PIN - 685603
3 THE DEPUTY TAHASILDAR
DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685613
4 THE SUPERINTENDENT
CENTRAL PRISON AND CORRECTION HOME,
THIRUVANANTHAPURAM, PIN - 695012
SMT.C.S.SHEEJA - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7912 OF 2024 2
JUDGMENT
The petitioner impugns Ext.P4 Revenue Recovery notice on the ground that he has suffered not merely the sentence imposed upon him by a competent Criminal Court, but also the one that was fixed in default of payment of fine.
2. Smt.C.S.Sheeja - learned Senior Government Pleader affirmed the afore submissions of the petitioner, as made by his learned counsel Sri.Shiraz Abdulla M.S., but explaining that Ext.P4 was issued on the requisition of the competent Criminal Court ,which, however, was based on a statement by the Jail Superintendent, which do not appear to be correct. She, therefore, left it to this Court to issue appropriate orders.
3. There can be little doubt that Ext.P4 Revenue Recovery action has been initiated on the assertion that the petitioner had neither paid the fine, nor suffered the default punishment. Since it is now conceded that the petitioner has suffered the default sentence, obviously, no further action pursuant to Ext.P4 can be taken forward.
In the afore circumstances, this writ petition is allowed; and consequently Ext.P4 is quashed.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/11.4 WP(C) NO. 7912 OF 2024 3 APPENDIX OF WP(C) 7912/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT IN SC NO.
485/2008 DTD 22-01-2010 COURT OF THE IVTH ADDITIONAL SESSIONS JUDGE (ADHOC) - II , THODUPUZHA Exhibit P2 A COPY OF THE JUDGMENT OF THE HIGH COURT OF KERALA IN CRL. APPEAL NO. 193/2010 DTD 12- 06-2019 Exhibit P3 A TRUE COPY OF THE PROCEEDINGS OF THE SUPERINTENDENT, CENTRAL PRISON AND CORRECTION HOME, THIRUVANANTHAPURAM DTD 16- 07-2020 Exhibit P4 A TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DTD 18-05-2022