Allowed

E.K.Vasumathi v. the Tahsildar(Rr) Tly. and Others

Kerala HC7 Nov 2013WP(C)/24407/2009

Case brief

AI extract

What is this about?

The High Court set aside the sale of the petitioner's property conducted in favor of the Government, holding it impermissible under District Collector v. Subaida Beevi. The Court directed a re-auction within two months, ensuring recovery follows court-fixed priority.

What did the court decide?

Sale set aside; re-auction directed within two months following court-fixed priority.

E.K.Vasumathi Vs the Tahsildar(Rr) Tly. and Others — 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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THURSDAY, THE 7TH DAY OF NOVEMBER 2013/16TH KARTHIKA, 1935

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WP(C).No. 24407 of 2009 (U)

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PETITIONER(S):

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E.K.VASUMATHI, W/O. PRABHAKARAN, AGED 69 YEARS, 'MINISHA' KAVUNBHAGOM, THALASSERY.

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BY ADVS.SRI.C.P.PEETHAMBARAN

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SRI.ANTONY LIJO M.X.

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RESPONDENT(S):

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1. THE TAHASILDAR (RR), THALASSERY.

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2. THE REVENUE DIVISIONAL OFFICER, THALASSERY.

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3. THE WELFARE FUND INSPECTOR, TODDY WELFARE FUND BOARD, KANNUR.

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R1 & R2 BY SR.GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN R3 BY ADV. SRI.RENIL ANTO,SC,KTWWF BOARD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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WPC.NO.24407/2009 (U)

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1: COPY OF THE FINAL ASSESSMENT DTD. 12/12/2001 PASSED BY THE 3RD RESPONDENT.

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P2: COPY OF THE R.R.NOTICE DTD. 3/10/2008 ISSUED BYTHE 1ST RESPONDENT.

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P3: COPY OF THE NOTICE DTD. 24/12/2008 ISSUED BY THE 2ND RESPONDENT.

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P4: COPY OF THE REPRESENTATION DTD. 27/07/2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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P5: COPY OF THE REPRESENTATION DTD. 6/08/2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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P6: COPY OF THE APPLICATION DTD. 19/08/2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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P7: COPY OF THE LETTER DTD. 14/09/2009 ISSUED BY THE 1ST RESPONDENT.

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P8: COPY OF THE JUDGMENT DTD. 25/11/2002 IN O.P.NO.12297/2000 OF THIS HON'BLE COURT.

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P9: COPY OF THE REPLY GIVEN BY THE 1ST RESPONDENT DTD.10/12/2008.

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P10: COPY OF THE RECEIPT DTD. 6/10/2010 ISSUED BY THE 1ST RESPONDENT.

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P11: COPY OF THE RECEIPT DTD. 2/07/2013 ISSUED BY THE VILLAGE OFFICER, THALASSERY.

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RESPONDENT'S EXHIBITS:

N I L

/TRUE COPY/

P.A.TO JUDGE

Kss

V. CHITAMBARESH, J.

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- - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.24407 OF 2009

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- - - - - - - - - - - - - - - - - - - - - - - Dated this the 7^th day of November, 2013

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J U D G M E N T

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The issue is covered by the decision in the District

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Collector v. Subaida Beevi [2010 (1) KLT 913] . The requisitioning authority in the instant case is the Kerala Toddy Workers Welfare Fund Board. But the sale of the bought-in-land was not in favour of the requisitioning authority. The sale was in favour of the Government only which is impermissible as per the decision afore quoted. I have no option but to set aside the sale of the property of the petitioner conducted on 05.01.2009. I do so.

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The respondents are directed to conduct a re-auction of the said property for realisation of the dues within a period of two months. The recovery of the dues by sale of the property shall be strictly in accordance with the priority fixed by this court. The steps for sale shall continue

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W.P.(C) No.24407 OF 2009

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-2-

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in accordance with the directions in the common judgment dated 25.11.2002 in O.P.Nos.6928/2000 and connected cases.

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The writ petition is disposed of.

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Sd/-

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V. CHITAMBARESH JUDGE