Edanadu Development Charitable ... vs State Of Kerala
2024 Latest Caselaw 4618 Ker

Kerala High Court

Edanadu Development Charitable ... vs State Of Kerala on 6 February, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                       W.P.(C) NO.23728 OF 2021
PETITIONER:

          EDANADU DEVELOPMENT CHARITABLE SOCIETY
          (REGISTRATION NO.161/84), PUTHENKANDATHIL,
          KOTHALA P.O., KOTTAYAM, PIN - 686 502,
          REPRESENTED BY ITS PRESIDENT,
          P.N. MANIKUTTAN NAIR,
          S/O. LATE R. NARAYANA PANICKER,
          PUTHENKANDATHIL HOUSE,
          KOTHALA P.O., KOTHALA KARA, KOOROPPADA VILLAGE,
          KOTTAYAM DISTRICT, PIN-686 502.

          BY ADVS.
          S.RANJIT (KOTTAYAM)
          GOKUL DAS V.V.H.
          JOSEPH MATHEW



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY PRINCIPAL SECRETARY,
          INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN-695 001.

    2     DISTRICT COLLECTOR,
          COLLECTORATE P.O., KOTTAYAM, PIN-686 002.

    3     TAHSILDAR (R.R.),
          TALUK OFFICE, MINI CIVIL STATION,
          KOTTAYAM, PIN-686 001.

    4     VILLAGE OFFICER,
          KOOROPPADA VILLAGE OFFICE,
          KOOROPPADA P.O., KOTTAYAM, PIN-686 502.

    5     KERALA KHADI AND VILLAGE INDUSTRIES BOARD
          REPRESENTED BY ITS CHAIRMAN,
          GRAMA SOUBHAGYA, VANCHIYOOR,
          THIRUVANANTHAPURAM, PIN-695 035.
                               -2-
W.P.(C) NO.23728 OF 2021

     6     PROJECT OFFICER,
           DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE,
           CHELLIYOZHUKKAM LANE, NAGAMPADOM,
           KOTTAYAM, PIN-686 002.

           SRI. N. RAJAGOPALAN NAIR, GOVERNMENT PLEADER

     THIS WRIT PETITION      (CIVIL) HAVING COME UP        FOR
ADMISSION ON 06.02.2024,     THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
                                -3-
W.P.(C) NO.23728 OF 2021


                           JUDGMENT

Dated this the 6th day of February, 2024

When this matter was called today, Sri. Rajagopalan

Nair - learned counsel for respondents 5 and 6 submitted

that the entire liability of the petitioner has been paid by

him; and that the impugned revenue recovery requisition,

preferred by his client against them, has been recalled.

This is recorded.

2. At this time, Sri. Gokul Das - learned counsel for

the petitioner submitted that liberty may also be reserved

to his client to approach the competent authority to delete

the entries with respect to the liability in the records. This

liberty is certainly open to the petitioner and he can invoke

all remedies for such purpose as per law; which I record,

has not been opposed by the respondents either.

This writ petition is thus disposed of.

Sd/-

DEVAN RAMACHANDRAN JUDGE bpr

W.P.(C) NO.23728 OF 2021

APPENDIX OF WP(C) 23728/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE REQUISITION BEARING NO.KB.483/00/R2 DATED FEBRUARY 2007 ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 20.11.2008 IN W.P.(C) NO.29130/2008 BEFORE THIS HON'BLE COURT.

Exhibit P3 TRUE COPY OF THE ONE TIME SETTLEMENT SCHEME DATED 06.04.2009 ISSUED BY THE 5TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 03.06.2009 ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE RECEIPT DATED 29.07.2009 ISSUED BY THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE RECEIPT DATED 26.09.2009 ISSUED BY THE 4TH RESPONDENT.

Exhibit P7 TRUE COPY OF THE RECEIPT DATED 26.11.2009 ISSUED BY THE 4TH RESPONDENT.

Exhibit P8 TRUE COPY OF THE RECEIPT DATED 26.12.2009 ISSUED BY THE 4TH RESPONDENT.

Exhibit P9 TRUE COPY OF THE RECEIPT DATED 26.12.2009 ISSUED BY THE 4TH RESPONDENT.

Exhibit P10 TRUE COPY OF THE RECEIPT DATED 28.09.2012 ISSUED BY THE 3RD RESPONDENT.

W.P.(C) NO.23728 OF 2021

Exhibit P11 TRUE COPY OF THE LETTER DATED 03.10.2016 BEARING NO.KB.483/2000/R2 ISSUED BY THE 5TH RESPONDENT.

Exhibit P12 TRUE COPY OF THE NOTICE DATED 27.11.2018 BEARING NO.KB.483/2000/R2 ISSUED BY THE 5TH RESPONDENT.

Exhibit P13 TRUE COPY OF THE REPLY DATED 10.12.2018 ISSUED BY THE PETITIONER.

Exhibit P14 TRUE COPY OF THE LETTER BEARING NO.KB.283/2000/R2 ISSUED BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT.

Exhibit P15 TRUE COPY OF THE DEMAND NOTICE 29.09.2019 BEARING NO.K6/6823/88/B&C ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.

Exhibit P16 TRUE COPY OF THE REPRESENTATION DATED 20.01.2020 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

Exhibit P17 TRUE COPY OF THE COMMUNICATION DATED 24.02.2020 BEARING NO.KB.483/2000/R3 SENT BY THE 5TH RESPONDENT.

Exhibit P18 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 10.06.2020 BEARING NO.647/2020 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

Exhibit P19 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 19.03.2020 BEARING NO.1533/20 ISSUED BY THE SRO, PAMPADY.