Kerala High Court
A. Abdul Salam vs M/S. Prasanthi Cashew (P) Ltd. No.21 on 23 February, 2024
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
RP NO. 1047 OF 2023
AGAINST THE ORDER/JUDGMENT WP(C) 11843/2015 OF HIGH COURT OF KERALA
REVIEW PETITIONER/THIRD PARTY:
1 A. ABDUL SALAM
AGED 71 YEARS, MANAGING PARTNER, M/S. KAIKKARA
CONSTRUCTION COMPANY, KAITHAVARAM BUNGLOW, KOLLAM WEST
VILLAGE, THIRUMULLAVARAM P.O., KOLLAM, PIN - 691012
2 ADDL.P2.SMT.JUVAIRY SALAM
W/O LATE A. ABDUL SALAM, KANKATHUMUKKU, KAITHAVARAM
BUNGLOW, THIRUMULLAVARAM P.O., KOLLAM , PIN- 691012
3 ADDL.P3.FATHIMA NIYAZ
D/O. LATE A. ABDUL SALAMKAITHAVARAM BUNGALOW,
THIRUMULLAVARAM P.O., KOLLAM - 691 012,
PRESENTLY KAIKARA HOUSE, MUSALIYAR NAGAR - 20,
KILIKOLOOR P.O, KOLLAM, PIN - 691004
4 ADDL.P4.SMT.AMINA AADHIL
AGED 35 YEARS, D/O. LATE A. ABDUL SALAM, KAITHAVARAM
BUNGALOW, THIRUMULLAVARAM P.O., KOLLAM- 691012, PRESENTLY
KAIKARA BUNGLOW, S-320, SREEPURAM ROAD, POOJAPPURA P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695012
5 ADDL.P5.SMT.AYSHA SALAM S.
D/O. LATE A. ABDUL SALAM KAITHAVARAM BUNGALOW,
THIRUMULLAVARAM P.O.,KOLLAM - 691 012, PRESENTLY ASNA, KB
NAGAR - 118, MADAN NADA, THEKKEVILA, KOLLAM, PIN - 691016
6 ADDL.P6.SMT.KHADEEJA SALAM
D/O. LATE A. ABDUL SALAM, KAITHAVARAM BUNGALOW,
THIRUMULLAVARAM P.O.,KOLLAM., PIN - 691012
ADDL P2 TO ADDL P6 LEGAL HEIRS OF DECEASED PETITIONER ARE
IMPLEADED AS ADDL.P2 TO ADDL.P6 AS PER ORDER DATED 18.1.24
IN I.A.-1/2024 IN RP NO.1047/2023 IN WP(C)11843/2015.
RP NO. 1047 OF 2023
2
BY ADVS.
K.BABU THOMAS
MARYKUTTY BABU
DRISYA DILEEP
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3 IN WPC:
1 M/S. PRASANTHI CASHEW (P) LTD. NO.21
PRASANTHI NAGAR, MANGAD, KOLLAM, REPRESENTED BY ITS
MANAGING DIRECTOR, B. MOHANACHANDRAN NAIR, PIN - 691015
2 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR,
COLLECTORATE, KOLLAM, PIN - 691013
3 THE ADDITIONAL TAHSILDAR
OFFICE OF THE TAHSILDAR, KOLLAM, PIN - 691001
4 THE VILLAGE OFFICER
PERINAD VILLAGE, KOLLAM, PIN - 691101
SRI.B.UNNIKRISHNA KAIMAL, SR.GP
SRI.N.D.PREMACHANDRAN
THIS REVIEW PETITION HAVING COME UP FOR HEARING ON 15.02.2024,
THE COURT ON 23.02.2024 DELIVERED THE FOLLOWING:
RP NO. 1047 OF 2023
3
ANU SIVARAMAN, J.
-----------------------------------
R. P. No.1047 of 2023
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Dated this the 23rd day of February, 2024
ORDER
Heard the learned counsel for the review petitioners, the learned
counsel for the 1st respondent/writ petitioner and the learned
Government Pleader.
2. This review petition is filed on the ground that the judgment
under review was rendered without the review petitioner being made a
party to the writ petition. It is submitted that the properties of the
review petitioner were dealt with in the judgment under review and the
judgment under review has resulted in Annexure-10 order of attachment
of the properties of the review petitioner.
3. The learned counsel appearing for the 1st respondent, who
was the writ petitioner submits that the petitioner had purchased the
property in question in a SARFAESI sale and that the original review
petitioner, Sri.Abdul Salam had purchased the property in liquidation
proceedings of M/s.Lakshmi Starch Ltd., the original owner. It is
submitted that Abdul Salam had taken a loan from the South Indian Bank
RP NO. 1047 OF 2023
and it was pursuant to SARFAESI proceedings initiated against Abdul
Salam that the property was sold in auction to the writ petitioner. Sale
certificate was registered and transfer of registry was effected
consequent to the sale. However, the revenue authorities took the stand
that there is a charge over the property for dues of public revenue. The
said action was challenged by the 1st respondent/writ petitioner before
this Court in W.P.(C) No.31511/2019 and the endorsement as to charge
over the property was directed to be erased from the public records. It
is submitted that the proceedings issued by the District Collector are
different and separate proceedings and that the fact that such a
proceedings has been issued consequent to the judgment cannot be a
ground for the review petitioner to seek a review of the judgment.
4. Having considered the contentions advanced on either side, I
notice that the only contention raised in the review petition is that
Annexure A1 demand notice and A4 revenue recovery proceedings had
been quashed by this Court by Annexure A5 judgment and that the
impugned judgment was passed on a wrong assumption that there was a
liability cast on the review petitioner to pay amounts to the revenue. I
further notice that there is no finding in the judgment under review
regarding the liability of the review petitioner. The finding was only that
RP NO. 1047 OF 2023
the property purchased by the 1st respondent/writ petitioner in
SARFAESI sale vested in the writ petitioner free of all encumbrances and
that the said property cannot be made subject to a charge for arrears of
any prior owner. If the review petitioners are aggrieved by any order
passed by the District Collector, it is for them to challenge the same in
appropriate proceedings. I see no error apparent on the face of the
records that requires a review of the judgment.
The review petition fails and the same is, accordingly,
dismissed.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/19.2.2024
RP NO. 1047 OF 2023
PETITIONERS' ANNEXURES
Annexure A1 TRUE COPY OF DEMAND NOTICE FOR PAYMENT OF
RS.4,34,12,105/- DATED 28-5-2009
Annexure A2 TRUE COPY OF INTERIM ORDER OF STAY IN W.P.
(C) NO.31363 OF 2009 PASSED BY THIS HON.
COURT DATED 4-11-2009
Annexure A3 TRUE COPY OF INTERIM ORDER OF STAY UNTIL
FURTHER ORDERS IN W.P. (C) NO.31363 OF 2009
DATED 14-9-2010
Annexure A4 TRUE COPY OF REVENUE RECOVERY DEMAND NOTICE
NO.D4-3865/10 DATED NIL
Annexure A4(a) TRUE COPY OF BASIC TAX RECEIPT FOR RS.593/-
DATED 4-12-2017 SHOWING ATTACHMENT OF THE
PROPERTY
Annexure A4(b) TRUE COPY OF BASIC TAX RECEIPT FOR RS.314/-
DATED NIL SHOWING ATTACHMENT OF THE PROPERTY
Annexure A5 TRUE COPY OF JUDGMENT IN W.P. (C) NO.31363 OF
2009 PASSED BY THIS HON. COURT DATED 11-3-
Annexure A6 TRUE COPY OF JUDGMENT IN W.A. NO.695 OF 2022
PASSED BY THIS HON. COURT DATED 15-6-2022
Annexure A7 TRUE COPY OF JUDGMENT IN R.P. NO.577 OF 2022
PASSED BY THIS HON. COURT DATED 23-11-2022
Annexure A8 TRUE COPY OF ORDER IN S,L.P. (C) NO.9376 TO
9378 OF 2012 DATED 2-4-2012
Annexure A9 TRUE COPY OF PROCEEDINGS AND ORDER DATED 11-
10-2019 ISSUED BY THE 2ND RESPONDENT
RP NO. 1047 OF 2023
Annexure A10 TRUE COPY OF LETTER OF THE 2ND RESPONDENT
DATED 16-10-2019 OBTAINED UNDER RTI ACT
Annexure A 11 TRUE COPY OF ORDER IN I.A. NO.753 OF 2012 IN
S.A. NO.272 OF 2012 DATED 10-4-2012
RESPONDENTS' EXHIBITS: NIL
