Johnson K vs Kerala State Housing Board
2021 Latest Caselaw 21424 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
   FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                      WP(C) NO. 37345 OF 2015
PETITIONER:

          JOHNSON K.,
          AGED 68 YEARS,
          S/O. KESAVAN NADAR,
          RESIDING AT NEERAMKOTTUKONATHU,
          CHARUVILA PUTHEN VEEDU,
          UNDAPPARA, POOVACHAL P.O.,
          PERUMKULAM VILLAGE, NEDUMANGAD TALUK,
          THIRUVANANTHAPURAM DISTRICT.

          BY ADVS.
          SRI.ABRAHAM MATHEW (VETTOOR)
          SRI.SRI.ANIL ABEY JOSE
          SMT.BINI ELIZABETH
          SMT.RIA THOMAS


RESPONDENTS:

    1     KERALA STATE HOUSING BOARD,
          GANDHINAGAR, THIRUVANANTHAPURAM,
          REPRESENTED BY ITS SECRETARY, PIN-695 001.

    2     THE SPECIAL DEPUTY COLLECTOR (RR) & CRO,
          KERALA STATE HOUSING BOARD, SANTHI NAGAR,
          THIRUVANANTHAPURAM-695 001.

    3     THE DEPUTY TAHSILDAR,
          REVENUE RECOVERY 1 (AUTHORISED OFFICER),
          KERALA STATE HOUSING BOARD, SANTHI NAGAR,
          THIRUVANANTHAPURAM-695 001.

    4     THE VILLAGE OFFICER,
          PERUMKULAM, NEDUMANGAD TALUK,
          THIRUVANANTHAPURAM DISTRICT-695 001.

          R1-3 BY ADV SRI.MANOJ RAMASWAMY
          SRI.GEORGE BOHAN, SC
          SMT.PRINCY XAVIER SR.GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.37345/2015

                                 2




                          JUDGMENT

Dated this the 29th day of October, 2021

The petitioner filed the writ petition seeking to call

for the records relating to Exts.P3 and P4 and quash the

same and to declare that respondents have no right or

authority to initiate Revenue Recovery proceedings against

the petitioner against his movable or immovable properties for

recovery of the alleged dues, which is already time barred.

2. When this writ petition came up for hearing today,

the learned counsel for the petitioner as well as the

respondents 1 to 3 submitted that pending the writ petition,

the petitioner has remitted all the amounts due to the 1 st

respondent-Board and therefore, the writ petition has become WP(C).No.37345/2015

infructuous. The learned Standing Counsel further submitted

that the documents are not released to the petitioner due to

the pendency of the writ petition.

In view of the submissions made above, the writ

petition is disposed of, recording the submission made by the

counsel that the amounts due to the 1 st respondent-Board

have been completely paid by the petitioner and directing the

respondents 1 to 3 to release the documents of the petitioner

with the respondents 1 to 3, at the earliest.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.37345/2015

APPENDIX OF WP(C) 37345/2015

PETITIONER'S EXHIBITS:

EXHIBIT P1 A COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT UNDER SEC.34 OF THE REVENUE RECOVERY ACT, DTD.29.3.2011.

EXHIBIT P2 A COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT U/S.7 OF THE REVENUE RECOVERY ACT, DTD.29.3.2011.

EXHIBIT P3 A COPY OF THE NOTICE IN FORM NO.11 OF THE REVENUE RECOVERY ACT ISSUED BY THE 2ND RESPONDENT DTD.3.2.2014.

EXHIBIT P4 A COPY OF THE SALE NOTICE ISSUED BY THE 3RD RESPONDENT DTD.25.9.2015.