Pramod Unnikrishnan vs The State Of Kerala
2024 Latest Caselaw 25862 Ker

Kerala High Court

Pramod Unnikrishnan vs The State Of Kerala on 30 September, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                                2024:KER:73169
W.P.(C) No.4141/2021
                                :1:


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR.JUSTICE N.NAGARESH

MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946

                       WP(C) NO. 4141 OF 2021

PETITIONER:

           PRAMOD UNNIKRISHNAN,
           AGED 53 YEARS,
           S/O LATE UNNIKRISHNAN,
           VM KUMAR CYCLE MART,
           KALLAI ROAD,
           KOZHIKODE-673002.,
           RESIDING AT NAVRANG 25,
           IP KRISHNAN ROAD,
           KARAPARAMBA,
           KOZHIKODE-673010.

           BY ADV.SRI.SRINATH GIRISH

RESPONDENTS:


    1      THE STATE OF KERALA,
           REPRESENTED BY THE SECRETARY,
           DEPARTMENT OF REVENUE,
           SECRETARIAT,
           THIRUVANANTHAPURAM-695001.

    2      THE DEPUTY TAHSILDAR,
           KOZHIKODE TALUK,
           TALUK OFFICE,
           CIVIL STATION,
           KOZHIKODE-673020.

    3      THE VILLAGE OFFICER,
           KASABA VILLAGE OFFICE,
           PUTHIYARA,
           KOZHIKODE-673004.
                                          2024:KER:73169
W.P.(C) No.4141/2021
                            :2:


    4      CANARA BANK,
           SSI UNIT BRANCH,
           AYISHA'S, I B/10681,
           JAIL ROAD,
           CALICUT-673004,
           REPRESENTED BY ITS MANAGER.

           BY ADV.SMT.RESMI THOMAS, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP     FOR
ADMISSION ON 30.09.2024, THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
                                                         2024:KER:73169
W.P.(C) No.4141/2021
                                   :3:


                             JUDGMENT

Dated this the 30th day of September, 2024

The petitioner has filed this writ petition seeking the

following reliefs:

"i) Declare that Ext.P1 Demand notice dated

02.08.2019 issued by the Deputy Tahsildar, Kozhikode Taluk to the petitioner is illegal, void and unenforceable under the provisions of the Revenue Recovery Act, Kerala, as the demand therein is barred by limitation.

ii) Issue a writ of certiorari or such other appropriate writ, order or direction quashing Ext.P1 demand notice and all Revenue Recovery proceedings against the petitioner pursuant thereto."

2. Standing Counsel, on instructions, submits

that the account of the petitioner has been settled by paying

all the due amounts.

In view of the above, the writ petition is disposed of

setting aside Ext.P1 Revenue Recovery proceedings.

Sd/-

N. NAGARESH JUDGE SR 2024:KER:73169

APPENDIX OF WP(C) 4141/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 2/8/2019 ISSUED BY THE DEPUTY TAHSILDAR, KOZHIKODE TALUK, TO PRAMOD UNNIKRISHNAN & ANOTHER.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 18/10/2019 SUBMITTED BY PRAMOD UNNIKRISHNAN TO THE DEPUTY TAHSILDAR, KOZHIKODE TALUK.

Exhibit P3 A TRUE COPY OF THE LETTER DATED 19.09.2024 SUBMITTED BY MR. KRISHNADAS TO THE 4TH RESPONDENT BANK ALONG WITH THE RECEIPT SHOWING PAYMENT OF RS.

1,30,000/-.