Kerala High Court
Johny.T.A vs State Of Kerala on 1 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:81274
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 33802 OF 2024
PETITIONERS:
1 JOHNY.T.A
AGED 64 YEARS
THARAKKAL HOUSE, P.O.ANCHERY (SOUTH),
THRISSUR, PIN - 680006.
2 SOSAMMA JOHNY
AGED 62 YEARS, W/O JOHNY,
THRACKAL HOUSE, ANJERY P.O
THRISSUR, PIN - 680006.
BY ADVS.
AMAL JEES ALEX
P.A.GIREESH KUMAR
PAUL BASE
RESPONDENTS:
1 STATE OF KERALA
REP BY SECRETARY, DEPARTMENT OF LAND REVENUE,
LAND REVENUE COMMISSIONERATE, REVENUE COMPLEX,
PUBLIC OFFICE BUILDING, MUSEUM P.O.,
TRIVANDRUM -695 033, PIN - 695033.
2 COMMISSIONER
LAND REVENUE, LAND REVENUE COMMISSIONERATE,
REVENUE COMPLEX, PUBLIC OFFICE BUILDING,
MUSEUM P.O., TRIVANDRUM, PIN - 695033.
W.P.(C)No.33802 of 2024
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3 DISTRICT COLLECTOR
DISTRICT COLLECTOR OFFICE, CIVIL STATION,
AYYANTHOLE, THRISSUR, PIN - 680003.
4 TAHSILDAR (REVENUE RECOVERY)
THRISSUR TALUK OFFICE, OPP. THRISSUR TOWN HALL,
CHEMBUKAVU, THRISSUR, PIN - 680020.
5 VILLAGE OFFICER
OLLUR VILLAGE OFFICE, VILLAGE OFFICE ROAD,
CHRISTOPHER NAGAR, OLLUR P.O.,
THRISSUR, KERALA, PIN - 680306.
6 M/S. SOUMYA KURIES & LOANS PVT LTD
REPRESENTED BY MANAGING DIRECTOR, NO. 31,
MUNICIPAL SHOPPING COMPLEX, SHAKTHAN THAMBURAN
NAGAR, THRISSUR, PIN - 680006.
ADDL.R7 OFFICIAL LIQUIDATOR
IN CP. NO. 11/2010,
HIGH COURT OF KERALA, 'COMPANYLAW BHAVAN'
B.M.C. ROAD, THRIKKAKARA.P.O.,
KOCHI - 682021. [ADDITIONAL 7TH RESPONDENT IS
IMPLEADED AS PER ORDER DATED 01.11.2024 IN
I.A.NO.1 OF 2024.]
BY ADVS.
SRI. K. MONI., STANDING COUNSEL
SMT. MABLE C. KURIEN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.33802 of 2024
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JUDGMENT
Dated this the 1st day of November, 2024
The petitioners are husband and wife and are residents
of Thrissur District. The petitioners seek to direct the 4 th
respondent to suspend the revenue recovery proceedings as
against the petitioners.
2. The petitioners joined a new Kuri Scheme
launched by the 6th respondent in the year 2010. ₹10 lakhs Kuri
was prized in favour of the petitioners. The petitioners were
required to deposit ₹1,50,000/- as Fixed Deposit towards
security. The petitioners state that they were informed that the
future premiums of the Kuri will be met out of the interest
accruing from the Fixed Deposit. Only an amount of ₹3,50,000/-
was received by the petitioners.
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3. Subsequently, the petitioners were informed
that they were in default of a sum of ₹45,000/-. The petitioners
therefore were made to mortgage their property having an
extent of 2.43 Ares in favour of the 6th respondent.
Subsequently, the 6th respondent went into liquidation. A
demand notice was received requiring the petitioners to pay
₹2,17,500/- along with 12% interest, totalling ₹4,41,002/-.
4. To the dismay of the petitioners, now a
demand notice has been issued by the Deputy Tahsildar
requiring the petitioners to clear the outstanding dues of
₹4,50,271/- failing which revenue recovery proceedings were to
be initiated. The petitioners state that they are facing acute
financial difficulty due to the medical treatment of the 1 st
petitioner who is diagnosed with bone marrow cancer and is
under treatment at Amala Institute of Medical Science at
Thrissur.
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5. I have heard the learned counsel for the
petitioners, the learned Standing Counsel for the additional 7 th
respondent and the learned Government Pleader.
6. The Chit transaction entered into by the
petitioners relates back to the year 2010. The petitioners state
that though the Kuri prize was ₹10 lakhs, the petitioners were
made to deposit ₹1,50,000/- and the petitioners received only
₹3,50,000/-. Now, revenue recovery proceedings are initiated
against the petitioners requiring the petitioners to clear the
outstanding dues totalling to ₹4,50,271/-.
7. The petitioners are facing severe financial
hardship with no immediate source of income and are finding it
extremely difficult to raise the money. The situation is
aggregated due to the medical treatment of the 1 st petitioner
who is diagnosed with bone marrow cancer. In the afore facts
of the case, I am of the view that the petitioners shall be
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granted reasonable time to remit the revenue recovery amount
in instalments.
The writ petition is therefore disposed of permitting the
petitioners to remit the revenue recovery amount along with
accruing interest and revenue recovery charges if any, in 12
equal and consecutive monthly instalments. The first of such
instalments shall be paid within a period of one month from
today. If the petitioners commit default in payment as permitted
above, the respondents will be free to proceed against the
petitioners.
Sd/-
N.NAGARESH
JUDGE
ams
2024:KER:81274
APPENDIX OF WP(C) 33802/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SAID RECEIPT DATED
23-09-2010.
Exhibit P2 TRUE COPY OF THE RECEIPT ISSUED BY
RESPONDENT NO.4.
Exhibit P3 TRUE COPY OF MEDICAL REPORT AND
REFERRAL RECORDS OF MEDICAL DEPARTMENT
OF MEDICAL ONCOLOGY, AMALA INSTITUTE OF
MEDICAL SCIENCE AT THRISSUR DATED
28-06-2019.
Exhibit P4 TRUE COPY OF JUDGMENT DATED 15-12-2016
BY HONOURABLE HIGH COURT OF KERALA.
Exhibit P5 TRUE COPY OF THE DEMAND NOTICE DATED
17-05-2019 IN RRC. NO. 2019/7148/07.
Exhibit P6 TRUE COPY OF THE FORM VIII SANCTION
DATED 22-09-2017.
