Sobha A.R vs Deputy Tahsildar (R.R)
2024 Latest Caselaw 26928 Ker

Kerala High Court

Sobha A.R vs Deputy Tahsildar (R.R) on 6 September, 2024

WP(C) NO. 29827 OF 2014          1       2024:KER:67725

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

             THE HONOURABLE MR. JUSTICE P.M.MANOJ

FRIDAY, THE 6th DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                   WP(C) NO. 29827 OF 2014

PETITIONER:

         SOBHA A.R., AGED 46 YEARSM
         W/o SRI.PRAMESH PAI, ANAKKUTTY MADHOM,
         MANNANCHERRY VILLAGE, AMBALAPUZHA, ALAPPUZHA.


         BY ADVS. SRI.ASWIN GOPAKUMAR
                  SRI.ANWIN GOPAKUMAR
                  SRI.K.AMAL NATH NAIK
                  SRI.ARJUN RADHAKRISHNAN NAIR
                  SMT.ANUSREE SURESH
                  SMT.KALA G.NAMBIAR


RESPONDENTS:

    1    DEPUTY TAHSILDAR (R.R),
         KARTHIKAPPALLY TALUK, KAYAMKULAM - 696 502.

    2    CANARA BANK, WEST HILL BRANCH, AMAR BUILDING,
         CHAKORATHKULAM, KANNUR ROAD, CALICUT - 673 011.

 ADDL.R3 PRAMESH PAI, AGED 49 YEARS,
         S/o VASUDEVA PAI, CHUNDIRATHIL HOUSE,
         NEAR HHYS MOSQUE, BANK ROAD,
         KAYAMKULAM PO. - 690 502, ALAPPUZHA.
         (ADDL.R3 IS IMPLEADED VIDE ORDER DATED
         27.02.2015 IN I.A.No.2218/15)

         BY GOVERNMENT PLEADER SRI. P.G.GORDAN


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 29827 OF 2014                 2         2024:KER:67725



                              JUDGMENT

This writ petition is preferred by the owner in

possession and enjoyment of 4.17 Ares of land at

Karthikappally Taluk in Kayamkulam Village, together with

residential building therein.

2. In the year 2013, petitioner's husband

Sri. Pramesh Pai transferred the absolute ownership of

4.17 Ares (10.30 cents) of land including the residential

building. The said property was obtained by him by way

of partition deed and a sale deed. The writ petition is filed

being aggrieved by the issuance of Exts.P5 and P6

Revenue Recovery notices.

3. The second respondent herein, by way of

Ext.P4 application, instituted O.A.No.270/2014 before the

Debts Recovery Tribunal, Ernakulam, in which

Sri. Pramesh Pai has been arrayed as defendant No.4.

This is because he allegedly executed Guarantee

Agreements to secure the financial facilities offered to M/s WP(C) NO. 29827 OF 2014 3 2024:KER:67725

Lavender Pharmaceuticals Pvt. Ltd. During the pendency

of the matter, the 1st respondent under the requisition of

the 2nd respondent, alleged to be arbitrarily, initiated

revenue recovery proceedings by the issuance of Exts.P5

and P6 and the writ petition is filed seeking for quashing

Exts.P5 and P6 revenue recovery notices.

When the matter is taken up today, the counsel

for the petitioner submitted that the matter is settled

between the parties out of court and nothing survives in

the prayer sought for in the writ petition. Accordingly, the

writ petition is dismissed as infructuous.

Sd/-

P.M.MANOJ

JUDGE

DMR/-

WP(C) NO. 29827 OF 2014 4 2024:KER:67725

APPENDIX OF WP(C) 29827/2014

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALARY CERTIFICATE ISSUED BY MANNANCHERRY PERUMTHURUTHU HOUSING CO-OPERATIVE SOCIETY LTD

EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED DATED 4.4.2013, DOCUMENT NO.859/13, KAYAMKULAM SRO

EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 3.5.14, CONFIRMING PAYMENT OF LAND TAX.

EXHIBIT P4 TRUE COPY OF THE APPLICATION O.A.NO.270/2014, BEFORE THE HON'BLE DEBTS RECOVERY TRIBUNAL, ERNAKULAM WITHOUT EXHIBITS

EXHIBIT P5 TRUE COPY OF THE NOTICE (IN FORM-1) DATED 8.10.2014 ISSUED BY RESPONDENT NO.2

EXHIBIT P6 TRUE COPY OF THE NOTICE (IN FORM-10) DATED 8.10.2014 ISSUED BY RESPONDENT NO.2

// TRUE COPY //

P.A. TO JUDGE