P.Shabeena vs Revenue Divisional Officer (Sub ...
2024 Latest Caselaw 4623 Ker

Kerala High Court

P.Shabeena vs Revenue Divisional Officer (Sub ... on 6 February, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

WP(C) No.4129/2018                        1/3                        Order Date : 06-02-2024

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
             Tuesday, the 6th day of February 2024 / 17th Magha, 1945
                              WP(C) NO. 4129 OF 2018
   PETITIONER:

          P.SHABEENA, W/O.P.ASHRAF, AGED 36 YEARS, ASHRAF MANZIL,
          SREEKANDAPURAM P.O.,SREEKANDAPURAM AMSOM, TALIPARAMBA TALUK, KANNUR
          DISTRICT.

   RESPONDENTS:

      1. REVENUE DIVISIONAL OFFICER (SUB COLLECTOR), THALASSERY, KANNUR
         DISTRICT-670101.
      2. TAHSILDAR, TALIPARAMBA TALUK, TALIPARAMBA P.O., KANNUR
         DISTRICT-670141.
      3. SUB REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE,
         THALASSERY, KANNUR DISTRICT-670101.
      4. TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANS TOWERS,
         VAZHUTHAKKAD, THYCAUD P.O., THIRUVANANTHAPURAM-695014.
      5. SIDDIQUE, S/O.MUHAMMED KUTTY, KOZHIKKATTIL HOUSE, SREEKANDAPURAM
         P.O., SREEKANDAPURAM AMSOM, TALIPARAMBA TALUK, KANNUR
         DISTRICT-670631.
      6. LAND REVENUE COMMISSIONER, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION,
         THIRUVANANTHAPURAM-695001.
      7. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
         SECRETARIAT, THIRUVANANTHAPURAM-695001.


        Writ Petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct respondents no.1 and 2 to stay all further proceedings
   against the petitioner as per Exhibit P6, P9 and P18 till the disposal of
   the above writ petition.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S V.T.MADHAVANUNNI & V.A.SATHEESH, Advocates for the petitioner and of
   GOVERNMENT PLEADER, for R1 to R4, R6       & R7, the court passed the
   following:
 WP(C) No.4129/2018                                   2/3                                     Order Date : 06-02-2024




                                  DINESH KUMAR SINGH, J.
                      ...................................................................
                                    WP(C) No. 4129 of 2018
                     .....................................................................
                        Dated this the 6th day of February, 2024

                                               ORDER

As per the office report, the notice to the 5 th respondent has

remained unserved till the date and acknowledgment card has not

returned back also. The petitioner is therefore permitted to take fresh

steps for service on the 5th respondent. The petitioner is also permitted

to service notice to the 5th respondent through special messenger.

Post on 27.02.2024.

Sd/-

DINESH KUMAR SINGH JUDGE

SJ WP(C) No.4129/2018 3/3 Order Date : 06-02-2024

APPENDIX OF WP(C) 4129/2018 EXHIBIT P1- TRUE COPY OF THE REQUISITION FOR REVENUE RECOVERY ISSUED BY THE 3RD RESPONDENT DATED 08/11/2008. EXHIBIT P2- TRUE COPY OF THE DEMAND DRAFT DATED 26/04/2012. EXHIBIT P3- TRUE COPY OF THE LETTER SENT BY THE 3RD RESPONDENT DATED 17/09/2012.

EXHIBIT P4- TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 27/04/2012. EXHIBIT P5- TRUE COP OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 24/08/2012.

EXHIBIT P6- TRUE COP OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 05/09/2012.

EXHIBIT P7- TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.23023/2012 OF THIS HON'BLE COURT DATED 04/10/2012. EXHIBIT P8- TRUE COPY OF THE ORDER OF THE LAND REVENUE COMMISSIONER DATED 03/10/2012.

EXHIBIT P9- TRUE COPY OF THE ORDER OF THE LAND REVENUE COMMISSIONER DATED 10/12/2013.

EXHIBIT P10- TRUE COMPUTER COPY OF THE ACCOUNT STATEMENT 10/01/2014. EXHIBIT P11- TRUE COMPUTER COPY OF THE ACCOUNT STATEMENT 15/01/2014. EXHIBIT P12- TRUE COPY OF THE REGISTERED LETTER SENT BY THE PETITIONER TO THE 3RD RESPONDENT DATED 16/01/2014. EXHIBIT P13- TRUE COPY OF THE LETTER SENT TO RESPONDENT NO.4 BY THE JOINT R.T.O. DATED 07/07/2017.

EXHIBIT P14- TRUE COPY OF THE REPLY SENT BY THE RESPONDENT NO.4 DATED 25/07/2017.

EXHIBIT P15- TRUE COPY OF THE MAHAZAR PREPARED BY THE RESPONDENT NO.2 DATED 25/06/2010.

EXHIBIT P16- TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C)NO.2143/2014 DATED 29/03/2017. EXHIBIT P17- TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE STATE OF KERALA 22/05/2017. EXHIBIT P18- TRUE COPY OF THE ORDER PASSED BY THE GOVERNMENT OF KERALA DATED 16/01/2018.