Chockalingam @ Njanadas vs The District Collector
2024 Latest Caselaw 10490 Ker

Kerala High Court

Chockalingam @ Njanadas vs The District Collector on 11 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                        WP(C) NO. 7912 OF 2024
PETITIONER:

          CHOCKALINGAM @ NJANADAS
          AGED 46 YEARS
          S/O LINGASWAMY, MGP XII/721, PALLANADU KARA, MARAYOOR
          P O, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685613
          BY ADVS.
          SHIRAZ ABDULLA M.S.
          K.ABDUL NASSAR
          VISHNU DEV C.S.
          JYOTHISH K.H.
          VINAYAK C.S.


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          COLLECTORATE, IDUKKI DISTRICT, PIN - 685603
    2     DEPUTY COLLECTOR (RR)
          COLLECTORATE, IDUKKI DISTRICT, PIN - 685603
    3     THE DEPUTY TAHASILDAR
          DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685613
    4     THE SUPERINTENDENT
          CENTRAL PRISON AND CORRECTION HOME,
          THIRUVANANTHAPURAM, PIN - 695012
          SMT.C.S.SHEEJA - SR. GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7912 OF 2024                 2

                                JUDGMENT

The petitioner impugns Ext.P4 Revenue Recovery notice on the

ground that he has suffered not merely the sentence imposed upon him by

a competent Criminal Court, but also the one that was fixed in default of

payment of fine.

2. Smt.C.S.Sheeja - learned Senior Government Pleader affirmed the

afore submissions of the petitioner, as made by his learned counsel

Sri.Shiraz Abdulla M.S., but explaining that Ext.P4 was issued on the

requisition of the competent Criminal Court ,which, however, was based

on a statement by the Jail Superintendent, which do not appear to be

correct. She, therefore, left it to this Court to issue appropriate orders.

3. There can be little doubt that Ext.P4 Revenue Recovery action has

been initiated on the assertion that the petitioner had neither paid the

fine, nor suffered the default punishment. Since it is now conceded that

the petitioner has suffered the default sentence, obviously, no further

action pursuant to Ext.P4 can be taken forward.

In the afore circumstances, this writ petition is allowed; and

consequently Ext.P4 is quashed.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/11.4

APPENDIX OF WP(C) 7912/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT IN SC NO.

485/2008 DTD 22-01-2010 COURT OF THE IVTH ADDITIONAL SESSIONS JUDGE (ADHOC) - II , THODUPUZHA Exhibit P2 A COPY OF THE JUDGMENT OF THE HIGH COURT OF KERALA IN CRL. APPEAL NO. 193/2010 DTD 12- 06-2019 Exhibit P3 A TRUE COPY OF THE PROCEEDINGS OF THE SUPERINTENDENT, CENTRAL PRISON AND CORRECTION HOME, THIRUVANANTHAPURAM DTD 16- 07-2020 Exhibit P4 A TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DTD 18-05-2022