Shamsad vs State Of Kerala
2024 Latest Caselaw 10007 Ker

Kerala High Court

Shamsad vs State Of Kerala on 5 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                WP(C) NO. 41523 OF 2023
PETITIONER:

         SHAMSAD,
         AGED 39 YEARS,
         S/O.KUNJUMUHAMMAD ODAKUZHYPARAMBIL
         HOUSE,PUTHENKADAVU,
         PUDUVASSERY,
         NEDUMBASSERY P.O.,
         ERNAKULAM, PIN - 683585

         BY ADVS.
         K.J.MANU RAJ
         K.VINAYA
         RISHAD KOCHERY


RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY ITS SECRETARY,
         DEPARTMENT OF REVENUE GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM,
         PIN - 695001
    2    THE NEW INDIA ASSURANCE COMPANY LTD,
         REPRESENTED BY ITS BRANCH MANAGER,
         SUB JAIL ROAD, P.O.ALUVA,
         ERNAKULAM, PIN - 683101
    3    THE DISTRICT COLLECTOR ,
         CIVIL STATION, KAKKANAD,
         ERNAKULAM, PIN - 682030
    4    THE DEPUTY TAHSILDAR ,
         REVENUE RECOVERY,
         ALUVA TALUK, ALUVA,
         ERNAKULAM, PIN - 683101
    5    VILLAGE OFFICER,
         CHENGAMAND CHENGAMANAD P.O.,
         ERNAKULAM, PIN - 683578
 W.P.(C) No.41523/2023
                            :2:


          BY ADVS.
          GOPINATHAN S., SR.GOVERNMENT PLEADER
          SURESH SUKUMAR
          K.P.RENJINI(R-397)

     THIS WRIT PETITION (CIVIL) HAVING COME UP   FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.41523/2023
                               :3:




                         JUDGMENT

Dated this the 5th day of April, 2024

The writ petition has been filed by the petitioner

seeking to call for the records leading to Exts.P3 and P4

and quash the same. The petitioner also seeks to declare

that the Revenue Recovery proceedings initiated against

the petitioner by way of Exts.P3 and P4 are illegal and

contrary to Ext.P2 judgment.

2. Standing Counsel representing the 2 nd

respondent submitted that the Award in O.P.(M.V.) was

taken up in appeal filing M.A.C.A. No.2938 of 2015, which

was allowed as per judgment dated 07.11.2017. Therefore,

Exts.P3 and P4 cannot be prosecuted.

In view of the above, the writ petition is disposed

of setting aside Exts.P3 and P4.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 41523/2023

PETITIONER'S EXHIBITS:

Exhibit P 1 A TRUE COPY OF THE AWARD PASSED IN OP(MV) NO.388 OF 2009 DATED 17.12.2014 ON THE FILES OF MOTOR ACCIDENT CLAIM TRIBUNAL NORTH PARAVUR Exhibit P 2 A TRUE COPY OF THE JUDGMENT IN MACA NO. 2938 OF 2015 DATED 7.11.2017 ON THE FILES OF THIS HON'BLE COURT Exhibit P 3 A TRUE COPY OF THE NOTICE ISSUED IN FORM 1 UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 17.8.2023 Exhibit P 4 A TRUE COPY OF THE NOTICE ISSUED IN FORM 10 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED 17.8.2023.