Kerala High Court
Dr. Zakhir Hussain Memorial Private ... vs The State Of Kerala on 30 September, 2024
Author: P Gopinath
Bench: P Gopinath
2024:KER:72520
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 33845 OF 2024
PETITIONER/S:
1 DR. ZAKHIR HUSSAIN MEMORIAL PRIVATE INDUSTRIAL TRAINING
INSTITUTE,MIS CODE PR 32000345, AFFILIATED TO NCVT,
GOVERNMENT OF INDIA, PERUNNA, CHANGANACHERRY,
KOTTAYAM DISTRICT,
REPRESENTED BY ITS PRINCIPAL, SANDHYA V. S.,
AGED 38 YEARS, W/O LATHEESH G.,
PANTHAPLAKIZHAKETHIL, PARUMALA P. O.,
PATHANAMTHITTA DISTRICT, PIN - 686102
2 SULAIKHA P. R,
AGED 78 YEARS
W/O K. A. LATHEEF, VADAKKEPARAMBIL, PERUNNA,
CHANGANACHERRY, KOTTAYAM DISTRICT, PIN - 686102
BY ADVS.
K.SHAJ
BEENA N.KARTHA
ARUN CHAND
BHARAT VIJAY P.
MINU VITTORRIA PAULSON
GOPIKA GOPAL
ARCHANA P.P.
AMIYA P.
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY(REVENUE),
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
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WP(C) NO. 33845 OF 2024 2
2 THE DISTRICT COLLECTOR, KOTTAYAM,
COLLECTORATE, KOTTAYAM - KUMILY ROAD, COLLECTORATE,
KOTTAYAM DISTRICT, PIN - 686002
3 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, SECOND FLOOR,
MINI CIVIL STATION, UNION CLUB ROAD,
PUTHENANGADY, KOTTAYAM DISTRICT, PIN - 686001
4 THE DEPUTY TAHSILDAR (REVENUE RECOVERY),
CHANGANACHERRY TALUK, TALUK OFFICE, CHANGANASSERY,
KOTTAYAM DISTRICT, PIN - 686101
5 CHANGANACHERRY MUNICIPALITY,
MUNICIPAL OFFICE, APJ ABDUL KALAM ROAD, PERUNNA,
CHANGANASSERY, KOTTAYAM DISTRICT.,
REPRESENTED BY ITS SECRETARY, PIN - 686101
6 THE SECRETARY,
CHANGANACHERRY MUNICIPALITY, MUNICIPAL OFFICE,
APJ ABDUL KALAM ROAD, PERUNNA, CHANGANASSERY,
KOTTAYAM DISTRICT, PIN - 686101
SMT. K.R . DEEPA, SPL. GP
SRI. PAUL JACOB - SC-R5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 33845 OF 2024 3
JUDGMENT
Petitioner has approached this Court, being aggrieved by
the fact that despite the interim order dated 17.05.2024 in W.P.
(C.) No.17916 of 2024 and despite the fact that the said interim
order is still in force (having been extended on 21.08.2024)
revenue recovery proceedings have been initiated to recover the
demands, which have been stayed by the said interim order.
2. Learned Standing Counsel appearing for the 5 th
respondent Municipality would submit that the requisition was
issued prior to the date on which the interim order was initially
passed in W.P.(C.) No.17916 of 2024.
3. Having heard the learned counsel appearing for the
petitioner and the learned Standing Counsel appearing for the 5 th
respondent-Municipality and taking into consideration the
interim order passed in W.P.(C.) No.17916 of 2024, I am of the
view that the the revenue recovery proceedings against the
petitioner can be set aside.
Accordingly, the revenue recovery proceedings now
initiated against the petitioner (through Exts.P5 and P6) are
quashed. I make it clear that the proceedings may continue on
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the basis of the same requisition subject to the result of the final
orders to be issued by this Court in W.P.(C.) No.17916 of 2024.
Sd/-
GOPINATH P.
JUDGE
ajt
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APPENDIX OF WP(C) 33845/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE NO.
30188010028009 DATED 14/02/2024 FOR BUILDING
NO. 751/UA ISSUED BY THE 6TH RESPONDENT.
Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE NO.
30188010028010 DATED 14/02/2024 FOR BUILDING
NO. 752/UA ISSUED BY THE 6TH RESPONDENT.
Exhibit P3 THE TRUE COPY OF THE DEMAND NOTICE NO.
30188010028011 FOR BUILDING NO. 753/UA DATED
14/02/2024 ISSUED BY THE 6TH RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE ORDER DATED 17/05/2024
IN W.P.(C) NO. 17916/2024 OF THIS HON'BLE
COURT.
Exhibit P5 THE TRUE COPY OF THE DEMAND NOTICE DATED
12/09/2024 IN RRC NO. 2024/6467/05 ISSUED BY
THE 4TH RESPONDENT TO THE 2ND PETITIONER.
Exhibit P6 THE TRUE COPY OF THE NOTICE DATED 19/09/2024
IN RRC NO. 2024/6467/05 ISSUED BY THE 4TH
RESPONDENT TO THE 2ND PETITIONER.
Exhibit P7 THE TRUE COPY OF THE LETTER DATED 20/09/2024
SENT BY THE PETITIONERS TO THE 4TH
RESPONDENT.
