Quashed

P.V. Prasannan v. the Welfare Fund Inspector

Kerala HC4 Nov 2013WP(C)/19665/2013

Case brief

AI extract

What is this about?

This writ petition challenged an order (Ext.P10) which held that the Limitation Act did not apply to revenue recovery proceedings. The Court found this finding palpably wrong, relying on Supreme Court precedent, and quashed the order for lacking a finding on merits, directing a reconsideration within two months while staying coercive proceedings.

What did the court decide?

Ext.P10 order quashed and reconsideredmponerttaphashtsessiont

P.V. Prasannan Vs the Welfare Fund Inspector — Writ and Judicial Review | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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MONDAY, THE 4TH DAY OF NOVEMBER 2013/13TH KARTHIKA, 1935

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WP(C).No. 19665 of 2013 (G)

PETITIONER:

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P.V. PRASANNAN,

S/O.VELAYUDHAN, KALLACHERRY, KUMMARAKOM EAST P.O. KOTTAYAM.

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BY ADVS.SRI.K.REGHU KOTTAPPURAM

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SRI.M.MUKESH

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SRI.MURUKESH REGHU

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RESPONDENTS:

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1. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, KOTTAYAM PIN-686001.

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2. THE TAHASILDAR (RR), KOTTAYAM, PIN-686001.

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3. THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, KOTTAYAM, PIN-686001.

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4. THE MANAGER, FEDERAL BANK, PUTHUPPALLY BRANCH, KOTTAYAM.

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R1 BY ADV. SRI.K.D.BABU,SC,KTWWFB

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BY SR.GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 19665 of 2013 (G)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: COPY OF THE LETTER DATED 18.5.2012 ADDRESSED TO 2ND RESPONDENT.

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EXT.P2: COPY OF STATEMENT DATED 20.7.2012 BY 1ST RESPONDENT FILED IN WPC.14918/12. EXT.P3: COPY OF INTERIM ORDER DATED 17.8.2012 IN I.A.NO.11342/2012 IN WPC.14918/12. EXT.P4: COPY OF JUDGMENT DATED 27.11.2012 IN WPC.14918/12. EXT.P5: COPY OF NOTICE NO.K1/KTM/14-16/2000-01/6527 DATED 1.1.2013. EXT.P6: COPY OF NOTICE NO.2013/1097/5/700 DATED 15.4.2013 FOR RECOVERY. EXT.P7: COPY OF NOTICE NO.2013/1097/5/700 DATED 15.4.2013 FOR ATTACHMENT.

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EXT.P8: COPY OF THE OBJECTION DATED 2.6.2013 AGAINST EXHIBIT P6 NOTICE.

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EXT.P9: COPY OF JUDGMENT DATED 11.6.2013 IN WPC.6826/2013.

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EXT.P10: COPY OF ORDER NO.C5-1097/2013 DATED 26.7.2013 OF 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL

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/TRUE COPY/

P.S. TO JUDGE

V.CHITAMBARESH, J.

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W.P.(C).NO.19665 OF 2013

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Dated this the 4^th day of November, 2013

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J U D G M E N T

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It is trite law with the provisions of the Limitation

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Act apply to the Kerala Revenue Recovery Act also. The law in

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this regard is laid down in State of Kerala v. V.R. Kalliyanikutty (1999 (2) KLT 146 (SC). The finding in Ext.P10 order that the Limitation Act does not apply to revenue recovery proceedings is palpably wrong.

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There is no finding on merits in Ext.P10 order as warranted by Ext.P9 judgment. Ext.P9 judgment inter alia directed the second respondent to verify the relevant records and see whether the revenue recovery proceeding is in time or not. There is no pronouncement on merits in Ext.P10 order and I therefore quash the same.

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I direct the second respondent to reconsider the issue with notice to the petitioner and the first respondent. The needful shall be done within a period of two months from today. The coercive proceedings as against the petitioner shall be put on hold in the meanwhile.

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The writ petition is disposed of.

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V.CHITAMBARESH, Judge.

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P.V. Prasannan v. the Welfare Fund Inspector

Case brief

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P.V. Prasannan v. the Welfare Fund Inspector

Case brief

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