Madhusoodhanan Pm vs State Of Kerala
2023 Latest Caselaw 653 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
    THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                         WP(C) NO. 588 OF 2023
  AGAINST THE ORDER/JUDGMENTOA 528/2019 OF KERALA ADMINISTRATIVE
                      TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:

          MADHUSOODHANAN PM, S/O MADHAVAN
          AGED 64 YEARS
          PUTHENPURAYIL HOUSE, KALIYAR PO,
          VANNAPURAM VILLAGE, THODUPUZHA TALUK,
          IDUKKI DISTRICT, PIN - 685552

          BY ADVS.
          ALEXANDER JOSEPH
          AKHILASREE BHASKARAN
          ANTONY NIKHIL REMELO



RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT
          DEPARTMENT OF LOCAL SELF GOVERNMENT,
          GOVT. SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001

    2     THE DISTRICT COLLECTOR
          IDUKKI DISTRICT, COLLECTERATE,
          PAINAV PO, IDUKKI, PIN - 685603

    3     THE TAHSILDAR (GENERAL)
          TALUK OFFICE, MINI CIVIL STATION,
          THODUPUZHA P.O, IDUKKI, PIN - 685584

    4     THE DEPUTY TAHSILDAR, (R R )
          TALUK OFFICE, MINI CIVIL STATION,
          THODUPUZHA P.O, IDUKKI, PIN - 685584

    5     THE VILLAGE OFFICER
          VANNAPURAM VILLAGE, VANNAPURAM P. O
          THODUPUZHA, IDUKKI, PIN - 685582
 WP(C) NO. 588 OF 2023
                                    2

    6     THE SUB REGISTRAR
          SUB REGISTRY OFFICE, KARIKKODE ,
          THODUPUZHA, THODUPUZHA EAST P.O.
          IDUKKI, PIN - 685585

    7     THE DEPUTY DIRECTOR OF PANCHAYAT'S
          OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYAT'S ,
          IDUKKI DISTRICT. THODUPUZHA P. O,
          IDUKKI, PIN - 685069

    8     THE SECRETARY
          SENAPATHY GRAMA PANCHAYAT,
          SENAPATHY P.O , IDUKKI, PIN - 685619

          SRI. SUNIL KURIAKOSE GP

          SC PANCHAYAT, JOMY K. JOSE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 588 OF 2023
                                         3

                               JUDGMENT

The grievance of the petitioner in nutshell is that on account of

having been successful in respect of the proceedings arisen out of fixing

the liability upon the petitioner to pay the arrears to the legal heirs under

the Motor Accident Claims Tribunal, prior there to a notice of attachment

dated 30.1.2017 Ext.P3 from the Excise Officer had already been issued.

A request was submitted vide Ext.P7 to the authorities for cancellation of

the order of the Tahsildar. But it was replied that the District Collector,

who would be the competent authority. Accordingly, request Ext.P9 dated

3.1.2023 has been submitted to the District Collector and submits that

the petitioner would be satisfied in case the writ petition is

disposed of with a direction to the District Collector for

consideration of the application.

2. Issue notice before admission. Learned Government

Pleader appeared for the respondents.

3. Noticing the facts that the petitioner has been successful

in the proceedings and had issued encumbrance certificate on

26.9.2022 but recovery certificate was issued and a request has

been submitted to the District Collector for cancellation of the

revenue recovery proceedings, I dispose of the writ petition by

issuing directions to the respondent No.2 to decide the application WP(C) NO. 588 OF 2023

Ext.P9 dated 3.1.2023 as expeditiously as possible, within a period

of 45 days from the date of receipt of a certified copy of this

judgment.

Sd/-

sab                                      AMIT RAWAL
                                             JUDGE
 WP(C) NO. 588 OF 2023


                  APPENDIX OF WP(C) 588/2023

PETITIONER EXHIBITS

Exhibit P1            TRUE COPY OF THE JUDGMENT DATED 12.08.2013

IN MACA NO. 540/2013 OF THE HON'BLE HIGH COURT OF KERALA

Exhibit P2 TRUE COPY OF THE ORDER NO. C 4 3729/2015 DATED 13.01.2016 OF THE 7TH RESPONDENT

Exhibit P2(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P2

Exhibit P3 TRUE COPY OF THE NOTICE NO B7-8955/2016 DATED 30.01.2017 OF THE 4TH RESPONDENT TO THE PETITIONER

Exhibit P3(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P3

Exhibit P4 TRUE COPY OF THE ORDER DATED 29.06.2017 IN O.A NO. 1082/2016 OF THE KAT THIRUVANANTHAPURAM

Exhibit P5 TRUE COPY OF THE ORDER NO G.O (RT) NO 3256/2018/ LSGT DATED 28.12.2018 OF THE 1ST RESPONDENT

Exhibit P5(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P5

Exhibit P6 TRUE COPY OF THE ORDER DATED 20.09.2022 IN OA NO. 528/2019 OF THE KAT THIRUVANANTHAPURAM

Exhibit P7 TRUE COPY OF THE APPLICATION DATED 24.09.2022 OF THE PETITIONER TO THE 3RD RESPONDENT

Exhibit P7(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P7

Exhibit P8 TRUE COPY OF THE NOTICE NO B7-8955/2016 DATED 12.10.2022 OF THE 3RD RESPONDENT TO THE PETITIONER WP(C) NO. 588 OF 2023

Exhibit P8(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P8

Exhibit P9 TRUE COPY OF THE APPLICATION DATED 03.01.2023 OF THE PETITIONER TO THE 2ND RESPONDENT