Allowed

Alice Joy @ Alphonsa Glorice v. Deputy Tahsildar (Rr)

Kerala HC6 Dec 2013WP(C)/22463/2013

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Kerala quashed revenue recovery notices served on the petitioner regarding attached property. The court held that since the parties had settled the debt and recovery was no longer necessary, the notices were ineffective, leaving the responden’s right to realize the balance under the civil decree open.

What did the court decide?

Quashed Exts. P8 and P9 revenue recovery notices served on the petitioner, leaving open the respondent's right to realize balance under decree.

Alice Joy @ Alphonsa Glorice Vs Deputy Tahsildar (Rr) — Property and Title | 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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FRIDAY, THE 6TH DAY OF DECEMBER 2013/15TH AGRAHAYANA, 1935

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WP(C).No. 22463 of 2013 (G)

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PETITIONER

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ALICE JOY @ ALPHONSA GLORICE, AGED 62 YEARS W/O.A.M.JOY, FLAT NO.8F, JOMER AVALON CARRIER STATION ROAD, HINDI PRACHARA SABHA PO ERNAKULAM 682 018 REPRESENTED BY HER POWER OF ATTORNEY HOLDER A.M.JOY AGED 64, S/O.MATHAI, FLAT NO.8F JOMER AVALON, CARRIER STATION ROAD HINDI PRACHARA SABHA PO, ERNAKULAM 682 018.

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BY ADVS.SRI.C.T.JOSEPH SRI.JOE POLLAYIL SRI.ROSHIN IPE JOSEPH SMT.R.S.RAJITHA

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RESPONDENT(S):

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1. DEPUTY TAHSILDAR (RR) KANAYANNUR TALUK, ERNAKULAM , KOCHI 682 014.

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2. SPECIAL TAHSILDAR(LA) NH NO.3, VYTTILA , ERNAKULAM KOCHI 682 019.

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3. P.M.MUHAMMED IBRAHIM, AGED 62 YEARS S/O.P.A.MOHAMMED, PLOT NO.G223, PANAMPILLY NAGAR KOCHI 682 036.

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4. SYNDICATE BANK, REPRESENTED BY CHIEF MANAGER, MUTHOOT TOWERS, . M.G.ROAD ERNAKULAM 682 035.

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R3 BY ADV. SRI.P.M.MOHAMMED SHIRAZ R BY GOVERNMENT PLEADER SRI. RAFEEK.V.K R BY SRI.R.S. KALKURA, SC, SYNDICATE BANK

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-122013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22463 of 2013 (G)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 COPY OF PROCEEDINGS OF SPECIAL TAHSILDAR(LA), NH NO.111, VYTTILA, DATED 14/3/2012 IN LAC NO.81/12/A5

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EXHIBIT P2 COPY OF D FORM CHEQUE BEARING NO.037137 DATED 14/3/2013 ISSUED BY SPECIAL TAHSILDAR (LA) , N.H.NO.111, VYTTILA, ERNAKULAM 682 019

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EXHIBIT P3 COPY OF CERTIFICATE BEARING NO.351/4301/AMJ/2013/A13/13 DATED 27/6/2013 ISSUED BY CHIEF MANAGER, SYNDICATE BANK, MUTHOOT TOWERS, M.G.ROAD, KOCHI 682 873.

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EXHIBIT P4 COPY OF CERTIFICATE BEARING NO.356/4301/AMJ/13/DATED 28/6/2013 ISSUED BY CHIEF MANAGER, SYNDICATE BANK, MUTHOOT TOWERS , M.G.ROAD, KOCHI 682 873.

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EXHIBIT P5 COPY OF LETTER DATED 18/6/2013 BEARING NO.A5.LAC .81/11 ISSUED BY THE SPECIAL TAHSILDAR (LA) , N.H.NO.111, VYTTILA, ERNAKULAM 682 019.

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EXHIBIT P6 COPY OF INTERIM ORDER OF ATTACHMENT DATED 28/10/2009 IN IA NO.7787/2009 IN OS NO.801/2009 ON THE FILE OF THE HON'BLE SUBORDINATE JUDGE'S COURT, ERNAKULAM,

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EXHIBIT P7 COPY OF LETTER DATED 28/6/2013 ISSUED BY THE PETITIONER TO CONTAINING THE EXPLANATION

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EXHIBIT P8 COPY OF NOTICE DATED 20/8/2013 IN FORM 10 ISSUED BY TAHSILDAR (RR) KANAYANNUR TALUK, ERNAKULAM, KOCHI 682 011, IN TALUK FILE NO.E7/6138/2013/LA PURSUANT TO REQUISITION NO.RR/2013/5958/7 ISSUED BY REQUISITION AUTHORITY VIZ.SPECIAL TAHSILDAR (LA), NH NO.111, VYTTILA.

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EXHIBIT P9 COPY OF NOTICE DATED 19/8/2013 IN FORM I ISSUED BY TAHSILDAR (RR) , KANAYANNUR TALUK, ERNAKULAM, KOCHI 682 011 IN TALUK FILE NO.E7/6138/2013/LA PURSUANT TO REQUISITION NO.RR/2013/5958/7 ISSUED BY REQUISITION AUTHORITY VIZ,SPECIAL TAHSILDAR (LA) NH NO.111, VYTTILA

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EXHIBIT P10 COPY OF REGISTERED POWER OF ATTORNEY DATED 18/1/2010 BEARING NO.41/IV/2010 OF SUB REGISTRY OFFICE, ERNAKULAM.

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EXT.P11 COPY OF THE LETTER DATED 13-11-2013 ISSUED BY THE THIRD RESPONDENT TO THE FIRST AND SECOND RESPONDENTS.

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WP(C).No. 22463 of 2013 (G)

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RESPONDENT(S)' EXHIBITS

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EXT.R3(a) COPY OF LETTER DATED 13-11-2013 ISSUED BY THE PETITIONER

TRUE COPY

P.A TO JUDGE

SMM

V.CHITAMBARESH,J.

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= = = = = = = = = = =

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W.P.(C) No. 22463 of 2013

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= = = = = = = = = = = == = = = = Dated this the 6^th day of December, 2013

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J U D G M E N T

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The property of the petitioner was attached in O.S No.801/2009 filed by the third respondent on the file of the Court of the Subordinate Judge of Ernakulam. A part of the property under attachment was acquired for the Kochi Metro Rail Project and the compensation payable was released to the petitioner. The third respondent complained that the amount is due to him by virtue of the order of the attachment and it resulted in the revenue recovery proceedings being initiated.

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It is now conceded by the third respondent that the petitioner has already paid him a sum of Rs.3 crores. The petitioner is also willing to pay the balance due under the decree to the third respondent within a short time. All the parties concede that there is no necessity to continue the revenue recovery proceedings under the circumstances.

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I therefore quash Exts.P8 and P9 revenue recovery notices served on the petitioner leaving open the right of the

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W.P.(C) No. 22463 of 2013

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third respondent to realise the balance amount due under the

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decree in O.S No.801/2009.

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The writ petition is disposed of.

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V.CHITAMBARESH JUDGE

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smm

Alice Joy @ Alphonsa Glorice v. Deputy Tahsildar (Rr)

Case brief

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Alice Joy @ Alphonsa Glorice v. Deputy Tahsildar (Rr)

Case brief

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