M.Hazeena vs The Kerala State Financial ...
2021 Latest Caselaw 93 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                      WP(C).No.31809 OF 2019(A)


PETITIONER:

               M.HAZEENA,
               AGED 49 YEARS,
               W/O. ASHARUDHEEN, CHARUVILA PUTHEN VEEDU,
               NAVAYIKULAM, CHIRAYINKEEZHU TALUK,
               THIRUVANANTHAPURAM.

               BY ADV. SRI.B.MOHANLAL

RESPONDENTS:

      1        THE KERALA STATE FINANCIAL ENTERPRISES LIMITED,
               REGISTERED OFFICE BHADRATHA P.B. NO:510,
               MUSEUM ROAD, CHEMBUKKAVU P.O., THRISSUR-680 020,
               REPRESENTED BY ITS MANAGING DIRECTOR.

      2        THE DEPUTY COLLECTOR (SPECIAL),
               REVENUE RECOVERY,
               THE KERALA STATE FINANCIAL ENTERPRISES LIMITED,
               REGISTERED OFFICE BHADRATHA, P.B. NO:510,
               MUSEUM ROAD, CHEMBUKKAVU P.O., THRISSUR-680 020.

      3        THE DEPUTY TAHASILDAR (REVENUE RECOVERY),
               KERALA STATE FINANCIAL ENTERPRISES LIMITED,
               NEW TRADE CENTRE, MEDICAL COLLEGE P.O.,
               THIRUVANANTHAPURAM-695 011.

      4        THE DEPUTY TAHASILDAR (REVENUE RECOVERY),
               KERALA STATE FINANCIAL ENTERPRISES LIMITED,
               KERALA STATE FINANCIAL ENTERPRISES BUILDING,
               CHINNAKKADA, KOLLAM-691 001.

      5        THE BRANCH MANAGER,
               KERALA STATE FINANCIAL ENTERPRISES LIMITED, PALLICKAL
               P.O., KILIMANOOR VIA,
               THIRUVANANTHAPURAM-695 604.

      6        THE LAND REVENUE COMMISSIONER,
               GOVERNMENT OF KERALA, PUBLIC OFFICE BUILDING, MUSEUM,
               THIRUVANANTHAPURAM-695 033.
 WP(C).No.31809 OF 2019(A)

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      7      STATE OF KERALA
             REPRESENTED BY THE PRINCIPAL SECRETARY TO
             GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM-695 001.

      8      SHAJAHAN,
             S/O.ABOOBACKER, MUNAVAR MANZIL, PULAPPADAM,
             NEDUMPANA VILLAGE, KOLLAM-691 576.

      9      DR.MUHAMMED T.V.,
             S/O.ALI HAJI, CHARUVILA PUTHEN VEEDU,
             28TH MILE STONE, NAVAYIKULAM P.O.,
             CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM-695 603.

      10     ASHARUDHEEN,
             S/O.IBRAHIM KUNJU, CHARUVILA PUTHEN VEEDU,
             28TH MILE STONE, NAVAYIKULAM P.O.,
             CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM-695 603.

             BY ADV. SRI.ARUN ANTONY
                     SMT.PRINCY XAVIER, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.31809 OF 2019(A)

                                      3




                                 JUDGMENT

The petitioner as well as her husband,

who is the 10th respondent, have auctioned

various chitties conducted by the Kerala State

Financial Enterprises. They have defaulted the

payments and a huge amount is due from them.

The writ petition was filed when Revenue

Recovery proceedings were initiated.

2. The petitioner has subsequently

approached the 1st respondent with Ext.P14

representation requesting for settlement of

the liability under the Aswas scheme. The

learned counsel for the petitioner points out

that Ext.P13 representation is under

consideration of a Committee constituted by

the 1st respondent.

3. Heard Sri.Arun Antony, learned

Standing Counsel for the respondents 1 and 5 WP(C).No.31809 OF 2019(A)

as well as the learned Government Pleader.

As the learned counsel for the

petitioner submits that the matter is under

active consideration of the Committee

constituted by the 1st respondent, the writ

petition is disposed of directing the 1st

respondent to see that a decision is taken on

Ext.P14 representation at the earliest, within

a period of two weeks from the date of receipt

of a copy of the judgment. Sd/-

P.V.ASHA JUDGE ww WP(C).No.31809 OF 2019(A)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER'S HUSBAND.

EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT IN W.P.(C) NO:4059/2015 DATED 01/06/2015 OF THIS HON'BLE COURT.

EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT IN W.P.(C) NO:18842/2014 DATED 24/06/2015 OF THIS HON'BLE COURT.

EXHIBIT P4 THE TRUE COPY OF THE ORDER NO:LRB4-

47433/2015 DATED 12/02/2016 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT DATED 24/11/2016 W.P.(C) NO:35221/2016 OF THIS HONBLE COURT.

EXHIBIT P6 THE TRUE COPY OF THE APPLICATION DATED 08/03/2017 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

EXHIBIT P7 THE TRUE COPY OF THE CIRCULAR NO:

H3/12/REVENUE DATED 20/05/2015 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P8 THE TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 15/02/2018.

EXHIBIT P9 THE TRUE COPY OF THE JUDGMENT DATED 31/05/2018 IN W.P.(C) NO.9024/2018 OF THIS HON'BLE COURT.

EXHIBIT P10 THE TRUE COPY OF THE JUDGMENT DATED 03/04/2019 IN W.A. NO.370/2019 OF THIS HON'BLE COURT.

EXHIBIT P11 THE TRUE COPY OF THE SALE AGREEMENT DATED 09/07//2019 ENTERED INTO BETWEEN THE 10TH RESPONDENT AND 8TH RESPONDENT. WP(C).No.31809 OF 2019(A)

EXHIBIT P12 THE TRUE COPY OF THE APPLICATION FILED BY THE 9TH RESPONDENT DATED 11/03/2019 BEFORE THE 5TH RESPONDENT KSFE, PALLIKKAL BRANCH.

EXHIBIT P13 THE TRUE COPY OF THE CIRCULAR NO:42/2020 (RECOVERY) ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P14 THE TRUE COPY OF THE APPLICATION DATED 24/09/2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.