Rajeesh K.V vs State Of Kerala
2023 Latest Caselaw 2013 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
  FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                  WP(C) NO. 1875 OF 2023
PETITIONER:

         RAJEESH K.V.
         AGED 43 YEARS
         S/O K.P.VIDHYADHARAN,
         KUNNEPARAMBIL HOUSE,
         THIRUMALABHAGAM P.O.,
         THURAVOOR VILLAGE,
         CHERTHALA TALUK,
         ALAPPUZHA DISTRICT,
         PIN - 688540

         BY ADVS.VARGHESE C.KURIAKOSE
                 AMRITHA.J


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY SECRETARY,
         DEPARTMENT OF REVENUE SECRETARIAT,
         TRIVANDRUM,
         PIN - 695001

    2    THE KERALA STATE FINANCIAL ENTERPRISES LTD,
         BHADRATHA,
         MUSEUM ROAD,
         P.B NO.510,
         THRISSUR,
         PIN - 680020

    3    THE MANAGER, KSFE
         KUTHIYATHODE BRANCH,
         KUTHIYATHODE P.O.,
         CHERTHALA TALUK,
         PIN - 688533

    4    THE DISTRICT COLLECTOR
         ALAPPUZHA DISTRICT,
         CIVIL STATION,
         BESIDE ZILLA PACHAYATH OFFICE,
         CIVIL STATION WARD,
         ALAPPUZHA,
         PIN - 688001

    5    THE SPECIAL DEPUTY TAHASILDAR (RR)
         KSFE, ACJ MANSION,
 W.P.(C.) No. 1875/2023         2


              NEAR KANNAN VARKEY BRIDGE,
              SEA VIEW WARD HEAD POST OFFICE P.O.,
              ALAPPUZHA, PIN - 688001

     6        THE SPECIAL DEPUTY TAHSILDAR (RR)
              KSFE, SIVAKAKTHI BUILDING,
              2ND FLOOR, SWARAJ ROUND N,
              ROUND NORTH, THRISSUR,
              PIN - 680001

     7        THE VILLAGE OFFICER
              THURAVOOR SOUTH VILLAGE
              THURAVOOR THEKKU P.O.,
              CHERTHALA TALUK-,
              PIN - 688532

     8        K.P.VIDHADHARAN
              AGED 73 YEARS
              S/O LATE PADMANABHAN KUNNEPARAMBIL,
              THIRUMALABHAGAM P.O.,
              THURAVOOR VILLAGE,
              THURAVOOR VILLAGE,
              PIN - 688540



              R1, R4 & R7 BY SMT.DEEPA.N,SENIOR GOVERNMENT
              PLEADER
              R2 BY SRI.SALIL NARATANAN.K.A,SC


       THIS    WRIT PETITION       (CIVIL) HAVING   COME UP   FOR
ADMISSION ON 03.02.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 1875/2023               3




                                   JUDGMENT

Petitioner had subscribed a chitty with the Kerala

State Financial Enterprises Limited (KSFE) - the second

respondent. The chitty was auctioned by the petitioner and

the amounts were released. However, alleging that the

petitioner has defaulted repayment, KSFE has initiated

action against the properties of the petitioner evident from

Exts. P3 and P4 notices issued under Section 36 of the

Kerala Revenue Recovery Act, 1968. It is thus challenging

the legality and correctness of Exts. P3 and P4 notices, this

writ petition is filed.

2. Various contentions are raised by the petitioner

so as to demonstrate that the proceedings initiated against

the petitioner are illegal and arbitrary. Anyhow, learned

counsel for the petitioner submits that it would suffice, if a

direction is issued to consider Ext.P8 representation

submitted by the petitioner before various authorities

including the Special Deputy Tahsildar (RR), KSFE,

Alappuzha.

3. In that view of the matter, after hearing learned

counsel for the petitioner, Sri. Varghese C. Kuriakose,

learned Standing Counsel for the second and third

respondents, Sri. Salil Narayanan and learned Senior

Government Pleader, Smt. Deepa N., this writ petition is

disposed of directing the fifth respondent - the Special

Deputy Tahsildar (RR), KSFE, Alappuzha to finalise Ext.P8,

in accordance with law, at the earliest, and at any rate,

within four weeks from the date of receipt of a copy of this

judgment, if required after securing participation of the

petitioner.

Sd/-

SHAJI P. CHALY JUDGE

DCS/03.02.2023

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1 TRUE DOWNLOADED COPY OF THE JUDGMENT DATED 10.04.2018 IN W.P.

(C).NO.11787/2018 OF THIS HON'BLE COURT

EXHIBIT P2 TRUE DOWNLOADED COPY OF THE JUDGMENT DATED 02.03.2022 IN W.P.

(C).NO.6675/2022 OF THIS HON'BLE COURT.

EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 20.12.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 20.12.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER AND THE 8TH RESPONDENT

EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE DATED 09.01.2017 ISSUED BY STATE BANK OF TRAVANCORE

EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 09.01.2017 ISSUED BY STATE BANK OF TRAVANCORE

EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE DATED 25.04.2017 ISSUED BY BANK OF INDIA

EXHIBIT P8 TRUE PHOTOSTAT COPY OF THE OBJECTION DATED 03.01.2023 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 5 TO 7

EXHIBIT P9 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY THE 5TH RESPONDENT ON 05.01.2023

EXHIBIT P10 TRUE PHOTOSTAT COPY OF THE INDIA POST TRACK RECORD OF CONSIGNMENT NO.RL5392494151IN

EXHIBIT P11 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY THE 7TH RESPONDENT ON 05.01.2023

EXHIBIT P12 TRUE PHOTOSTAT COPY OF THE TAX RECEIPT DATED 08.04.2021 ISSUED BY VILLAGE OFFICER THURAVOOR SOUTH VILLAGE