Amina vs State Of Kerala
2021 Latest Caselaw 5063 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                       WP(C).No.4327 OF 2020(M)


PETITIONER:

               AMINA
               AGED 59 YEARS
               W/O HAMSA,
               KALATHILTHODY HOUSE,
               NADUVATTOM P.O.
               KUTTIPURAM,
               MALAPPURAM DISTRICT.

               BY ADVS.
               SRI. PRAVEEN KUMAR
               SRI. HARIKIRAN M.

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY,
               REVENUE DEPARTMENT,
               SECRETARIAT,
               THIRUVANANTHAPURAM,
               KERALA, PIN 695 001.

      2        THE THAHSILDAR,
               TIRUR TALUK,
               MINI CIVIL STATION,
               TIRUR,
               MALAPPURAM DISTRICT-676 101.

      3        HAMZA,
               S/O KUNHAMUTTY,
               RESIDING AT KALATHITHODY HOUSE,
               NADUVATTOM P.O.KUTTIPURAM,
               MALAPPURAM DISTRICT,
               PIN-679 571.

      4        THEFSEER,
               S/O KUNHIMUHAMMED,
               PALLATHUMPADIKKAL HOUSE,
               NADUVATTOM P.O.
               OOROTHPALLIYILPAZHUR,
               MALAPPURAM ,
               PIN-679 571.
 WP(C).No.4327 OF 2020

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       5       THE ORIENTAL INSURANCE CO LTD,
               BRANCH OFFICE,
               REP BY THE BRANCH MANAGER,
               C.K.H. BUILDING,
               THAZHEPALAM, TIRUR,
               MALAPPURAM DISTRICT,
               PIN-676 101 (INSURER).

       6       MOHAMMED HAJI,
               S/O SAIDALIKUTTI,
               VETTIKATTKOLARIKKATT HOUSE,
               CHOTTUR P.O.ATHAVANAD,
               MALAPPURAM DISTRICT,
               PIN-679 571.

       7       DISTRICT COLLECTOR,
               COLLECTORATE, UP HILL,
               MALAPPURAM,
               MALAPPURAM-676 505.

               R4 BY ADV. SRI.KARTHIK BHAVADASAN

               SR.GP K.P HARISH,SC SRI.GEORGE A CHERIAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4327 OF 2020

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                                JUDGMENT

Dated this the 11th day of February 2021

When the matter was taken up, the learned

counsel for the fifth respondent submitted that, the

amount deposited as 16,00,000/- (Rupees Sixteen

Lakhs Only) has been accepted in full and final

settlement of all claims of the fifth respondent as

against the petitioner herein and nothing further is

due. This is recorded and the writ petition is

closed. Consequently, Ext.P13, Revenue Recovery

Notice will stand quashed.

Sd/-

SUNIL THOMAS JUDGE

Jms //True Copy// P.A to Judge WP(C).No.4327 OF 2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF REGISTERED WILL EXECUTED BY 3RD RESPONDENT DATED 7.4.1999

EXHIBIT P2 TRUE COPY OF OPMV 350 OF 2012 BEFORE MOTOR ACCIDENTS CLAIMS TRIBUNAL TIRUR DATED 14.05.2012

EXHIBIT P3 TRUE COPY OF WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT DATED 14.3.2013

EXHIBIT P4 TRUE COPY OF THE AWARD PASSED BY THE MOTOR ACCIDENTS CLAIMS TRIBUNAL TIRUR IN OPMV 350 OF 2012 DATED 14.5.2014

EXHIBIT P5 TRUE COPY OF REVENUE RECOVERY NOTICE RECEIVED BY PETITIONER DATED 18.05.2018

EXHIBIT P6 TRUE COPY OF REVENUE RECOVERY PROCEEDINGS NOTICE RECEIVED BY THE 3RD RESPONDENT DATED 18.5.2018

EXHIBIT P7 TRUE COPY OF REPLY BY PETITIONER TO REVENUE RECOVERY NOTICE DATED 16.4.2016

EXHIBIT P8 TRUE COPY OF THE SALE NOTICE RECEIVED BY THE PETITIONER

EXHIBIT P9 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE 3RD RESPONDENT BEFORE THIS HON'BLE COURT DATED 19.11.2019

EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN WPC NO 31900/2019 DATED 4.12.2019

EXHIBIT P11 TRUE COPY OF THE CLAIM PETITION PREFERRED BY THE PETITIONER DATED 11.12.2019

EXHIBIT P12 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT COLLECTOR DATED 23.1.2020

EXHIBIT P13 TRUE COPY OF THE REVENUE RECOVERY NOTICE AGAINST PETITIONER'S PROPERTY DATED 04.2.2020 //True Copy// P.A to Judge