Dismissed

Gopakumar v. District Collector

Kerala HC23 Oct 2013WP(C)/24243/2013

Case brief

AI extract

What is this about?

This judgment deals with revenue recovery proceedings against a petitioner, who is an assignee of a plot allotted under a town planning scheme. The Court held that the liability runs with the land but permitted the petitioner to pay the dues in four monthly instalments, staying coercive recovery steps pending compliance. Leave was granted for the petitioner to later claim payments made from the tr

What did the court decide?

Petitioner permitted to pay dues in four monthly instalments; coercive recovery stays pending compliance; right to claim refund left open.

Gopakumar Vs District Collector — Land Acquisition | 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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WEDNESDAY, THE 23RD DAY OF OCTOBER 2013/1ST KARTHIKA, 1935

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WP(C).No. 24243 of 2013 (E)

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PETITIONER(S):

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GOPAKUMAR, AGED 46 YEARS S/O LATE KRISHNAMOORTHY, CC 18/784, MEDAYIL HOUSE RAMESHWARAM VILLAGE, PALLURUTHY, KOCHI

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BY ADV. SRI.L.RAJESH NARAYAN

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RESPONDENT(S):

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1. DISTRICT COLLECTOR, ERNAKULAM

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2. SPECIAL TAHSILDAR (RR), KOCHI

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3. REGISTRAR,

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SUB REGISTRAR OFFICE, MATTANCHERRY

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4. VILLAGE OFFICER, PALLURUTHY

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5. SECRETARY, GREATER COCHIN DEVELOPMENT AUTHORITY, COCHIN

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6. M.Y ALTHAF,

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S/O M.B.YAHIYA 10/1449A, FORT KOCHI

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7. VAKKACHAN T.J,

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S/O JOSEPH, CHIRAMEL THEETHAIL HOUSE, CC 14/1402 RAMESWARAM WEST KARA, THOPPUMPADY, COCHIN

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R5 BY ADV. SRI.S.B.PREMACHANDRA PRABHU R1 to R4 BY SR. GOVERNMENT PLEADER SMT. SHOBA ANNAMMA EAPEN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DCS

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WP(C).No. 24243 of 2013 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 COPY OF THE SALE DEED NO 845/2008 DATED 18-02-2008

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EXHIBIT P2 COPY FO THE BASIC TAX RECEIPT DATED 24-05-2008

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EXHIBIT P3 COPY OF THE SALE DEED NO 2460/2007 DATED 05-05-2007

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EXHIBIT P4 COPY OF THE ENCUMBRANCE CERTIFICATE DATED 15-12-2011

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EXHIBIT P5 COPY OF THE SALE DEED NO 157/1993 DATED 05-01-1993

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EXHIBIT P6 COPY OF THE LETTER DATED 29-07-2013 BY THE PETITIONER TO THE 6TH RESPONDENT

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EXHIBIT P7 COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 02-08-2013 BEARING NO A6-2167/11

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RESPONDENT(S)' EXHIBITS:- NIL

/TRUE COPY/

P.A. TO JUDGE

DCS

V. CHITAMBARESH, J

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W.P.(C). NO. 24243 OF 2013

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Dated this the 23^rd day of October, 2013

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JUDGMENT

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The fifth respondent Greater Cochin Development Authority acquired parcels of land for the Rameswaram West Town Planning Scheme. The seventh respondent was the allottee of Plot No. 97-B under the scheme who sold the same to the sixth respondent. The petitioner is an assignee from the sixth respondent who is now facing the revenue recovery proceedings. The fifth respondent has filed a detailed statement as to why the revenue recovery proceedings are initiated. It is pointed out that additional cost was incurred on account of land acquisition references and land acquisition appeals. It was therefore decided to collect an additional sum of Rs. 6,629/- per cent from all the allottees under the scheme.

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It cannot be disputed that the liability runs with the land and the petitioner is therefore liable to pay the amount. The petitioner is however permitted to pay the balance amount due in four equal monthly instalments starting from 01.12.2013. The fifth respondent states that the balance amount would come to about Rs. 54,000/- in addition to the interest accrued thereon.

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W.P.(C). NO. 24243 OF 2013 2

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The coercive steps pursuant to Ext. P7 notice shall be put on hold if the petitioner complies with the conditions in time. The coercive steps shall surge ahead if the petitioner commits default in the payment of anyone of the instalments as directed above. The right of the petitioner to claim the amount paid from respondents six and seven is however left open.

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The writ petition is disposed of.

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SD/-

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V. CHITAMBARESH JUDGE

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DCS

Gopakumar v. District Collector

Case brief

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Gopakumar v. District Collector

Case brief

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