Vasantha A vs The Deputy Tahsildar (Rr)
2024 Latest Caselaw 15516 Ker

Kerala High Court

Vasantha A vs The Deputy Tahsildar (Rr) on 5 June, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                         WP(C) NO. 8303 OF 2011
PETITIONER/S:

          VASANTHA , W/O. SREENIVAS,
          MANNANGAL THAZHAM, KOMMERI P.O.,,
          METHOTTU THAZHAM, KOZHIKODE - 7.
          BY ADVS.
          SRI.K.M.FIROZ
          SMT.M.SHAJNA


RESPONDENT/S:

    1     THE DEPUTY TAHSILDAR (RR), KOZHIKODE. 673 001
    2     THE VILLAGE OFFICER
          VALAYANAD VILLAGE, VALAYANAD, KOZHIKODE.973 002
    3     THE STATE OF KERALA REPRESENTED BY ITS SECRETARY,,
          LOCAL SELF GOVERNMENT DEPARTMENT(EPB),
           SECRETARIAT, THIRUVANANTHAPURAM. 695 001
    4     THE DEPUTY DIRECTOR OF PANCHAYATH
          KOZHIKODE-673 001
    5     THE DISTRICT COLLECTOR CIVIL STATION
          KOZHIKODE-673 001
    6     THE SECRETARY
          KURUVATTOOR GRAMA PANCHAYATH, KURUVATTOOR,,
          P.O.PAYAMPARA - 673 571.



          SMT. THUSHARA JAMES (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8303 OF 2011                2




                                 JUDGMENT

When this matter is taken up for consideration today,

learned counsel appearing for the petitioner submits that,

challenging the recovery proceedings and fixation of liability, the

petitioner has already approached the Kerala Administrative

Tribunal. It is submitted that the matter (which was numbered as

T.A. No.1045/2013 on the file of the Kerala Administrative

Tribunal Thiruvananthapuram), was allowed by order dated

25.04.2018. It is submitted that the State has now challenged the

order in T.A. No.1045/2013 by filing O.P(KAT) No.210 of 2020

and the same is pending consideration before this Court.

2. Having regard to the submission of the learned

counsel appearing for the petitioner, I am of the view that since

the fixation of liability against the petitioner has been set aside

by the Kerala Administrative Tribunal, further recovery

proceedings against the petitioner can continue only if the

judgment in T.A No.1045/2013 is set aside by this Court. T.A.

No.1042 of 2013 was disposed of, in the following terms:-

''10. We, therefore, find that the penalty imposed on the

applicants and the recovery of loss ordered against them are not in keeping with the relevant Rules or principles of natural justice. Exts.P1 and P2 orders are, therefore, set aside.''

3. In that view of the matter, nothing further survives for

consideration in this writ petition. Accordingly, the writ petition

is closed, reserving liberty of the petitioner to file a writ petition,

if the order in T.A. No.1045/2013 of the Kerala Administrative

Tribunal is set aside by this Court.

Sd/-

GOPINATH P. JUDGE ajt

APPENDIX

EXHIBIT P1 - TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE FIRST RESPONDENT BEARING NO.DR.177/10-11/PAN

EXHIBIT P2 - TRUE COPY OF THE OBJECTION DATED 7.3..2011 BEFORE THE DISTRICT COLLECTOR.