Mullachery Narayanan Nair vs The Kerala State Financial ...
2023 Latest Caselaw 7108 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
           FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                         W.P.(C) NO.20259 OF 2023
PETITIONER:

              MULLACHERY NARAYANAN NAIR,
              AGED 65 YEARS, S/O. RAGHAVAN NAIR,
              MULLACHERY HOUSE,
              KUYYANGATTU, KANHIRADUKKAM-671 531.

              BY ADV. BIJU ABRAHAM


RESPONDENTS:

     1        THE KERALA STATE FINANCIAL ENTERPRISES LTD.,
              KANHANGAD BRANCH, LAXMI BUILDING, MAIN ROAD,
              KANHANGAD, KASARGOD-671 321.

     2        THE SPECIAL DEPUTY TAHSILDAR (RR),
              OFFICE OF THE SPECIAL DEPUTY TAHSILDAR KSFE,
              KANNUR P.O., KANNUR DISTRICT-670 001.

     3        THE VILLAGE OFFICER KODOTHU,
              OFFICE OF THE VILLAGE OFFICER,
              HOSDURG, KANHANGAD, PIN-671 315.

    R1        SRI. SALIL NARAYANAN, STANDING COUNSEL, KSFE

   R2&R3      SMT. VIDYA KURIAKOSE, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                    -2-
W.P.(C) NO.20259 OF 2023



                     P.V. KUNHIKRISHNAN, J.
              -------------------------------------------
                    W.P.(C) No.20259 of 2023
              -------------------------------------------
              Dated this the 23rd day of June, 2023

                                JUDGMENT

The above writ petition is filed with the following prayers:-

A]. A writ of certiorari or any other appropriate writ order or direction quashing Exhibit P3 to P6 holding that the same is time barred and the respondents 1 to 3 are having no manner of right to recover a time barred debt through Revenue Recovery proceedings.

B.] A writ of mandamus or any other appropriate writ order or direction, commanding the 1st & 2nd respondents to adjudicate and decide the objection submitted by the petitioner as per Exhibit P7 on Exhibit P1 & P2 demand within a time fixed by this Hon'ble Court.

C]. Any other appropriate writ order or direction as this Hon'ble court deem fit and proper on the facts and in the circumstances of the case and allow this writ petition with cost for the ends of justice.

D]. Kindly dispense with the filing of the translation of vernacular documents.

W.P.(C) NO.20259 OF 2023

2. The petitioner is aggrieved by the recovery

proceedings initiated by the 1st & 2nd respondents under the

Revenue Recovery Act. The case of the petitioner is that without

adjudicating the amount due from the petitioner, the revenue

recovery proceedings is initiated. The petitioner submitted

Ext.P7 before the 2nd respondent and the same is also not

considered. Hence this writ petition.

3. Heard the Counsel for the petitioner, the Standing

Counsel appearing for the 1st respondent and the Government

Pleader appearing for respondents 2 and 3.

4. After hearing both sides, I am of the view that, the

contention of the petitioner that the adjudication of the amount

due is not finalised, is to be considered by the 1 st respondent.

This Court cannot consider that contention of the petitioner in

this writ petition. The petitioner submitted Ext.P7 representation

before the 2nd respondent. There can be a direction to the 2 nd

respondent to forward Ext.P7 to the 1st respondent and there

can be a direction to the 1st respondent to consider the same,

with notice to the petitioner within a time frame. Till then, the

revenue recovery proceedings can be deferred.

W.P.(C) NO.20259 OF 2023

Therefore, this writ petition is disposed of with the

following directions:

i) The 2nd respondent is directed to forward Ext.P7 representation to the 1 st respondent within one week from the date of receipt of a copy of this judgment.

ii) Once such representation as directed above is received, the 1st 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 weeks from the date of receipt of such representation.

iii) Till final orders are passed in Ext.P7 representation, the revenue recovery proceedings based on Exts.P1 to P6 shall be deferred.

iv) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 1st and 2nd respondents for compliance.

Sd/-

P.V. KUNHIKRISHNAN JUDGE bpr

W.P.(C) NO.20259 OF 2023

APPENDIX OF WP(C) 20259/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE NO. RRC NO. 2022/4770/14 DATED 9-02-2023 OF THE 2ND RESPONDENT TO THE PETITIONER UNDER RULE 7 IS PRODUCED.

Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE NO. RRC NO. 2022/4770/14 DATED 27-03-2023 OF THE 2ND RESPONDENT TO THE PETITIONER UNDER RULE 34 IS PRODUCED.

Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE NO. RRC NO. 2022/4768/14 DATED 9-02-2023 OF THE 2ND RESPONDENT TO THE PETITIONER UNDER RULE 7 IS PRODUCED.

Exhibit P4 A TRUE COPY OF THE DEMAND NOTICE NO. RRC NO. 2022/4768/14 DATED 25-03-2023 OF THE 2ND RESPONDENT TO THE PETITIONER UNDER RULE 7 IS PRODUCED.

Exhibit P5 A TRUE COPY OF THE DEMAND NOTICE NO. RRC NO. 2022/4766/14 DATED 9-02-2023 OF THE 2ND RESPONDENT TO THE PETITIONER UNDER RULE 7 IS PRODUCED.

Exhibit P6 A TRUE COPY OF THE DEMAND NOTICE NO. RRC NO. 2022/4766/14 DATED 25-03-2023 OF THE 2ND RESPONDENT TO THE PETITIONER UNDER RULE 7 IS PRODUCED.

Exhibit P7 A TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 14-06-2023 IS PRODUCED.