The single judge stayed revenue recovery proceedings (Ext.P4) initiated against the petitioner. The petitioner must file a representation before the Panchayat relying on Ext.P3 and seek withdrawal of proceedings within four months.
Stay of revenue recovery proceedings under Ext.P4 for four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929
WP(C).No. 508 of 2008(I)
------------------------
PETITIONER:
------------
K.ABDUL AZEEZ, S/O.MUHAMMED, AGED 35 YEARS, KOTTOLA HOUSE, KARINJAPADY, MALAPPURAM DISTRICT.
BY ADV. SRI.BABU S. NAIR
RESPONDENTS:
-------------
1. THE MALAPPURAM DISTRICT PANCHAYATH, REPRESENTED BY ITS SECRETARY, MALAPPURAM.
2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, PERINTHALMANNA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS.C.KURIAKOSE, J.
W.P.(c).No.508 OF 2008
JUDGMENT
There is no appearance for the first respondent at whose behest Ext.P4 revenue recovery proceedings have been initiated against the petitioner in this writ petition wherein the petitioner challenges Ext.P4. Relying on Ext.P3, the petitioner contends that initiation of revenue recovery proceedings as per Ext.P4 is absolutely unwarranted. Considering the merit noticed prima facie in the case urged by the petitioner, I am inclined to stay all proceedings pursuant to Ext.P4 for a period of four months. The petitioner will file a representation before the Panchayat producing Ext.P3 and seek withdrawal of Ext.P4 proceedings. If it is revealed that Ext.P4 proceedings are in respect of the very same liability covered by Ext.P3, the Panchayat will consider
that representation favourably.
PIUS.C.KURIAKOSE JUDGE
sv.
2 issues framed by the court
Whether initiation of revenue recovery proceedings under Ext.P4 against the petitioner is unwarranted when reliance is placed on Ext.P3.
Whether the initiation of revenue recovery proceedings should be stayed pending filing of a representation before the Panchayat.
2 provisions across 2 enactments
K.ABDUL AZEEZ
THE MALAPPURAM DISTRICT PANCHAYATH
THE DEPUTY TAHSILDAR, REVENUE RECOVERY
PIUS C KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
