Sreeni Parameswaran vs The Tahsildar
2024 Latest Caselaw 13643 Ker

Kerala High Court

Sreeni Parameswaran vs The Tahsildar on 27 May, 2024

WP(C) No.18810/2024                            1/4

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                           THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
                      Monday, the 27th day of May 2024 / 6th Jyaishta, 1946
                                    WP(C).NO.18810 OF 2024(A)
   PETITIONER:

          SREENI PARAMESWARAN, AGED 48 YEARS, S/O M.G.PARAMESWARAN NAIR,
          VILLA NO.1, MYSTIC BELLS, KANIYAMPUZHA ROAD, EROOR P.O., ERNAKULAM
          DISTRICT, PIN - 682306

   RESPONDENTS:

      1. THE TAHSILDAR, ASSESSING AUTHORITY, NORTH PARAVUR, ERNAKULAM
         DISTRICT, PIN - 683 513
      2. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL
         OFFICE, FORT KOCHI, PIN - 682 001
      3. THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, CHENGAMANADU
         ERNAKULAM DISTRICT, PIN - 683 578

        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 issue interim orders directing the 3rd respondent to register
   the documents submitted by the petitioner with respect to the
   apartments/villas constructed and allotted to prospective purchaser in the
   properties covered under Ext P2 order dated 19/01/2024 pending
   consideration of the writ petition, in the interest of justice.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI. P.B.KRISHNAN(Sr) alongwith SRI. ARAVIND.S.S , Advocate for the
   petitioners and of the GOVERNMENT PLEADER, the court passed the following:
 WP(C) No.18810/2024                            2/4




                                 C.JAYACHANDRAN, J.
                  ------------------------------------
                        W.P.(C) No.18810 of 2024
                  ------------------------------------
                        Dated, this the 27th May, 2024


                                        O R D E R

Having heard the learned Senior Counsel

Sri.P.B.Krishnan, duly instructed by

Sri.S.S.Aravind, on behalf of the petitioner and

the learned Government Pleader, this Court finds

that, Ext.P9 prima facie reflects non compliance

of Ext.P8 order, where there is a specific

direction to the 1st respondent to ascertain

whether the security offered by the petitioner is

sufficient to satisfy the demand raised. This

Court also notice that, this is the third round of

litigation in respect of the same cause of action.

The matter was originally considered by a learned

Senior Judge, from which an appeal was carried

before the Division Bench. Alleging non compliance

thereof, a second writ petition was filed. The

- 2 -

order in that writ petition was also challenged

before the Division Bench and the Division Bench

ultimately passed Ext.P8 order with the above

referred specific direction.

2. In the said facts and circumstances, this Court

is of the opinion that the 1st respondent/Tahsildar

shall personally swear to an affidavit stating the

reason for non compliance of Ext.P8 order within a

period of seven days from today(27.05.2024). In

case he fails to do so, he shall be personally

present before this Court when the matter is taken

up for consideration on 03.06.2024.

Handover

Sd/-

C.JAYACHANDRAN JUDGE TR

27-05-2024 /True Copy/ Assistant Registrar

APPENDIX OF WP(C) 18810/2024 Exhibit P2 TRUE COPY OF THE ORDER OF 1ST RESPONDENT DATED 19/01/2024 Exhibit P8 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WA NO.545/2024 DATED 12/04/2024 Exhibit P9 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 17/05/2024

27-05-2024 /True Copy/ Assistant Registrar