Hussain Hajee vs Deputy Collector (Rr)
2021 Latest Caselaw 4192 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                       WP(C).No.2934 OF 2021(N)


PETITIONER:

      1        HUSSAIN HAJEE
               AGED 65 YEARS
               RESIDING AT G.H.S.ROAD, SHIRIYA, POST SHIRIYA,
               KUMBLA, MANJESHWARA TALUK,
               KASARAGOD DISTRICT - 671 321.

      2        AYSHA
               AGED 60 YEARS
               W/O.HUSAIN HAJEE, RESIDING AT G.H.S.ROAD, SHIRIYA,
               POST SHIRIYA, KUMBLA, MANJESHWARA TALUK, KASARAGOD
               DISTRICT - 671 321.

      3        THAJU @ THAJUDDEEN
               AGED 47 YEARS
               S/O.ABBAS HAJEE, RESIDING AT G.H.S.ROAD, SHIRIYA,
               POST SHIRIYA, KUMBLA, MANJESHWARA TALUK, KASARAGOD
               DISTRICT - 671 321.

               BY ADVS.
               SRI.R.ANAS MUHAMMED SHAMNAD
               SRI.C.C.ANOOP
               SRI.BOBY THOMAS

RESPONDENTS:

      1        DEPUTY COLLECTOR (RR)
               CIVIL STATION, VIDYANAGAR,
               KASARAGOD DISTRICT - 671 123.

      2        FATHIMA SABANA
               AGED 30 YEARS, D/O.LATE IDDIN KUNHI, ARIMALA,
               POST BADAJE, MANJESHWARA, MANJESHWARA TALUK,
               KASARAGOD DISTRICT - 671 323.

      3        AYSHATH AFIYA
               D/O.MUSSAMMIL, REPRESENTED BY THEIR MOTHER,
               FATHIMATH SABANA, AGED 30 YEARS, D/O.LAE IDDIN KUNHI,
               ARIMALA, POST BADAJE, MANJESHWARA, MANJESHWARA TALUK,
               KASARAGOD DISTRICT - 671 323.
 WP(C).No.2934 OF 2021(N)           2

       4       FATHIMATH ZAHBIYA
               D/O.MUSSAMMIL, REPRESENTED BY THEIR MOHTER,
               FATHIMATH SABANA, AGED 30 YEARS, D/O.LATE IDDIN
               KUNHI, ARIMALA, POST BADAJE, MANJESHWARA,
               MANJESHWARA TALUK, KASARAGOD DISTRICT - 671 323.


OTHER PRESENT:

               SMT.VINITHA.B ,GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2934 OF 2021(N)                  3




                                  JUDGMENT

Petitioners challenge the Revenue Recovery

proceedings initiated on the basis of the judgment of

the Judicial Magistrate Court Kasaragod. When the

appropriate remedy available for the petitioners as

against the aforesaid judgment lies elsewhere,

petitioners are approaching this court under Article

226 of the Constitution of India challenging the

proceedings issued in execution of the judgment in a

petition filed under Section 12 of the Protection of

Women from Domestic Violence Act, 2005, which

cannot be permitted.

Moreover it is seen that Ext P3 series to P5 series

are certificates of recovery issued on 06.10.2020,

under Section 69(3) of the Revenue Recovery Act, in

execution of the judgment Ext P1 rendered on

30.04.2019. Even assuming that the petitioner had

approached the Criminal court seeking relief against

Ext P1 judgment, that will not by itself give rise to

any claim for the petitioner to evade their liabilities

or to circumvent the orders of the competent court

by invoking the jurisdiction of this court under Article

226 of the Constitution of India.

The Writ Petition is dismissed accordingly.

Sd/-

P.V.ASHA

JUDGE ska

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT, DATED 30/1/2019 IN M.C.NO.69/2017 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KASARAGOD.

EXHIBIT P2 TRUE COPY OF THE ORDER, DATED 2/12/2020 IN CRIMINAL REVISION PETITION NO.7/2019 ON THE FILES OF THE SESSIONS COURT, KASARAGOD.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE IN FORM 25, DATED 06/10/2020 ISSUED BY THE 1ST RESPONDENT UNDER THE KERALA REVENUE RECOVERY ACT TO THE 1ST PETITIONER.

EXHIBIT P3(A) TRUE COPY OF THE DEMAND NOTICE IN FORM 1, DATED 6/10/2020 ISSUED BY THE 1ST RESPONDENT UNDER THE KERALA REVENUE RECOVERY ACT TO THE 1ST PETITIONER.

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE IN FORM 25, DATED 6/10/2020 ISSUED BY THE 1ST RESPONDENT UNDER THE KERALA REVENUE RECOVERY ACT TO THE 2ND PETITIONER.

EXHIBIT P4(A) TRUE COPY OF THE DEMAND NOTICE IN FORM 1, DATED 6/10/2020 ISSUED BY THE 1ST RESPONDENT UNDER THE KERALA REVENUE RECOVERY ACT TO THE 2ND PETITIONER.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE IN FORM 25, DATED 6/10/2020 ISSUED BY THE 1ST RESPONDENT UNDER THE KERALA REVENUE RECOVERY ACT TO THE 3RD PETITIONER.

EXHIBIT P5(A) TRUE COPY OF THE DEMAND NOTICE IN FORM 1, DATED 6/10/2020 ISSUED BY THE 1ST RESPONDENT UNDER THE KERALA REVENUE RECOVERY ACT TO THE 3RD PETITIONER.

EXHIBIT P6 TRUE COPY ORDER TO INJUNCTION ORDER, DATED 5/2/2018 IN I.A.NO.260/2018 IN O.S.NO.25/2018 PASSED BY THE MUNSIFF'S COURT, KASARAGOD.