Subi Suganthan vs Village Officer, Kanjikkuzhy ...
2023 Latest Caselaw 7490 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
                   WP(C) NO. 22099 OF 2023
PETITIONER/S:

          SUBI SUGANTHAN, AGED 38 YEARS
          SUMESH BHAVAN, MAYITHARA POST,
          CHERTHALA, PIN - 688537
          BY ADVS.
          BASIL MATHEW
          NINAN JOHN
          ARYA A.R.
          AJAY KRISHNAN S.
          SANJANA SARA VARGHESE ANNIE


RESPONDENT/S:

    1     VILLAGE OFFICER, KANJIKKUZHY VILLAGE
          CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688539
    2     DEPUTY TAHASILDAR, CHERTHALA TALUK
          CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688524
    3     KERALA STATE COIR CORPORATION LTD (KSCC)
          CCNB ROAD, MARKET WARD, ALAPPUZHA DISTRICT, PIN -
          688001
    4     STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY, GOVT.
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
OTHER PRESENT:

          SMT.VIDYA KURIAKOSE, GP,
          SRI.P.C.SASIDHARAN, SC FOR R3


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 22099 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 22099 of 2023
                         =============================================================

                         Dated this the 7th day of July, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"a) Call for records relating to Ext.P2 and Ext.P3 notices on the files of the 2nd respondent and to quash Ext.P2 and Ext.P3.

b) Pass any other orders as this Hon'ble Court may deem appropriate in the facts and circumstances of the present case and in the interest of justice." (sic)

2. The father of the Petitioner, late Sugathan, passed away on

26.02.2023. On 19.06.2023, the petitioner was served with Exts.P2

and P3 notices addressed to late Sugathan. demanding payment of

Rs.16,99,820/- as arrears of land rent owned by the 3 rd respondent,

leased out to the said Sugathan and to pay the said amount within 10

days. It is the case of the petitioner that the father of the petitioner had

not taken any land on lease from the 3 rd respondent. It is also

submitted that on 22.06.2023, the petitioner filed Ext.P4 objection

before the District Collector, Alappuzha and also the Tahsildar,

W.P.(C). No. 22099 of 2023

Cherthala Taluk. No enquiry was conducted by the revenue

authorities. Hence, this Writ Petition is filed.

3. Heard the counsel for the petitioner, Government Pleader

and the Standing Counsel appearing for the 3rd respondent.

4. The petitioner has got a definite case that the father of the

petitioner had not taken any land on lease from the 3 rd respondent. In

such situation, this is a matter to be looked into by the 3 rd respondent

before proceeding with the revenue recovery. The petitioner can be

allowed to file a representation narrating the grievance raised in this

writ petition before the 3rd respondent and there can be a direction to

the 3rd respondent to consider the same with notice to the petitioner

and till then, revenue recovery proceedings can be deferred.

Therefore, this writ petition is disposed of in the following

manner:

1. The petitioner is free to submit a representation to the 3 rd respondent narrating the grievance raised in this writ petition within two weeks from the date of receipt of a certified copy of this judgment.

W.P.(C). No. 22099 of 2023

2. Once such a representation is received, the 3 rd respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within three months from the date of receipt of a certified copy of this judgment. and communicate the order to the petitioner and respondents 1 and 2.

3. Till final orders are passed as directed above and communicate the same to the petitioner and revenue authorities, the revenue recovery proceedings based on Exts.P2 and P3 shall be deferred.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 22099 of 2023

APPENDIX OF WP(C) 22099/2023

PETITIONER EXHIBITS Exhibit P1 THE DEATH CERTIFICATE OF LATE SUGATHAN ISSUED BY MARADU MUNICIPALITY DATED 09.03.2023 Exhibit P2 THE TRUE COPY OF NOTICE BEARING NO. RRC NO. 2022/9055/04 DATED 07.06.2023 ADDRESSED TO LATE SUGATHAN Exhibit P3 THE TRUE COPY OF THE REVENUE RECOVERY NOTICE NO. RRC 2022/9055/04 DATED 07.06.2023 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF LATE SUGATHAN Exhibit P4 THE TRUE COPY OF THE OBJECTION DATED 24.06.2023 FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ALAPPUZHA AND TAHASILDAR, CHERTHALA TALUK Exhibit P5 THE RECEIPT ISSUED BY THE OFFICE OF DISTRICT COLLECTOR, ALAPPUZHA ACKNOWLEDGING THE RECEIPT OF OBJECTION Exhibit P6 THE RECEIPT ISSUED BY THE TAHASILDAR, CHERTHALA TALUK ACKNOWLEDGING THE RECEIPT OF OBJECTION.