Karthikeyan vs District Collector
2024 Latest Caselaw 10018 Ker

Kerala High Court

Karthikeyan vs District Collector on 5 April, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                        WP(C) NO. 20791 OF 2015
PETITIONER/S:

            KARTHIKEYAN
            AGED 53 YEARS
            KOMBALASSERI, ARTHUNKAL P.O., CHERTHALA NORTH VILLAGE,
            CHERTHALA.

            BY ADVS.
            SRI.SHAIJAN C.GEORGE
            SRI.M.T.AJITH
            SMT.S.REKHA KUMARI
            SRI.C.K.SAJEEV



RESPONDENT/S:

    1       DISTRICT COLLECTOR

    2       TAHASILDAR, TALUK OFFICE, CHERTHALA PIN-688 524.

    3       VILLAGE OFFICER, CHERTHALA NORTH VILLAGE, PIN-688 524.

            SRI. VENUGOPAL V.,GOVERNMENT PLEADER.




     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.20791/2015                  -2-

                               JUDGMENT

The petitioner is the brother of one Amerendran who was the accused in

S.C No.92/2002 on the file of the Assistant Sessions Court, Cherthala. The

aforesaid Amerendran was convicted by the Assistant Sessions Court,

Cherthala on 14-10-2005. He was convicted and sentenced to undergo simple

imprisonment for two years and to pay a fine of Rs.1,00,000/- and in default

to undergo simple imprisonment for another two months. An appeal filed by

the aforesaid Amerendran was also dismissed by Ext.P2 judgment in Crl.

Appeal No.677/2005 by the Additional Sessions Judge, Fast Track Court-I,

Alappuzha. According to the petitioner the aforesaid Amerendran died on

20-03-2009. It is the case of the petitioner that by Ext.P1 deed which was

executed on 05-01-2005 the share of the aforesaid Amerendran in the family

property had been settled in favour of the petitioner and recovery proceedings

for recovery of the fine amount could not be levied against the property of the

petitioner.

2. The learned Government Pleader submits that going by the

counter affidavit filed by the 2 nd respondent the transfer of property in favour

of the petitioner was after the judgment of the trial court on 14-10-2005 and

the settlement deed was executed only on 03-07-2010. It is stated that it is

thus that warrant was issued on 01-01-2015 to recover from the one-tenth

share of the defaulter in family property, now in the hands of the petitioner.

3. Having considered the contentions raised and having perused the

records, I am of the opinion that this writ petition can be disposed of directing

the 2nd respondent to consider as to whether any property belonging to late

Amerendran was transferred to the petitioner only after 14-10-2005 (date of

judgment of the Assistant Sessions Judge, Cherthala in S.C No.92/2002). If

the transfer of properties after the judgment in S.C No.92/2002 then the

transfer was clearly to avoid payment of the fine amount and the transfer

cannot be an impediment to continue with the recovery proceedings.

However, if the transfer / settlement was prior to 14-10-2005, the proceeding

cannot be continued against the property settled by late Amerendran in

favour of the petitioner. Thus the 2 nd respondent shall continue with the

recovery proceedings only if the transfer of property of late Amerendran in

favour of the petitioner was after 14-10-2022. If the transfer was after 14-10-

2022 recovery may continue against the petitioner to the extent of property

obtained by him from late Amerendran. The 2 nd respondent shall take a

decision in the matter after affording an opportunity of hearing to the

petitioner. Status-quo shall be maintained till a decision is taken by the 2 nd

respondent. The 2nd respondent shall pass necessary orders as directed within

2 months from the date of receipt of a certified copy of this judgment.

The writ petition is disposed of as above.

Sd/-

GOPINATH P., JUDGE.

AMG

APPENDIX OF WP(C) 20791/2015

PETITIONER EXHIBITS

EXT.P1: TRUE COPY OF THE SETTLEMENT DEED NO.90 DATED 5.1.2005 OF THE CHERTHALA SRO.

EXT.P2: TRUE COPY OF THE JUDGMENT IN CRL.A.NO.677/2005 DATED 31.3.2006 BY THE ADDITIONAL SESSIONS COURT (FAST TRACK-I), ALAPUZHA.

EXT.P3: TRUE COPY OF THE DEATH CERTIFICATE ISSUED FROM THE BIRTH AND DEATH REGISTRAR, ARPOORKARA GRAMA PANCHAYAT.

EXT.P4: TRUE COPY OF THE NOTICE NO.B.5-129/14/CD DATED 12.2.2015 ISSUED BY THE 2ND RESPONDENT.

EXT.P5: TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25.2.2015.

EXT.P6: TRUE COPY OF THE ORDER NO.B.5.129/14/CD DATED 9.3.2015 ISSUED BY THE 2ND RESPONDENT.