Disposed

K.Nanu v. Special Deputy Tahsildar (Rr)

Kerala HC4 Nov 2013WP(C)/8072/2008

Case brief

AI extract

What is this about?

The High Court of Kerala directed the second respondent to consider the petitioner's representation disputing liability for vehicle dues via notice to relevant parties, ordered by following Section 46 of the Kerala Revenue Recovery Act, 1968, and held coercive steps on hold.

What did the court decide?

Coercive steps pursuant to the demand notice were put on hold, and the second respondent was directed to consider the petitioner's representation with notice within two months.

K.Nanu Vs Special Deputy Tahsildar (Rr) — Pension and Retirement Benefits | 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. 8072 of 2008 (J)

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PETITIONER:

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-----------

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K.NANU, AGED 64 YEARS,S/O. GOVINDAN, PENSIONER, LATHA NIVAS NEAR MUNSIFF COURT, TALIPARAMBA AMSOM TALIPARAMBA TALUK, KANNUR DISTRICT.

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BY ADVS.SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH

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RESPONDENTS:

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------------

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1. SPECIAL TAHSILDAR (REVENUE RECOVERY) TALIPARAMBA, KANNUR DISTRICT.

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2. DEPUTY COLLECTOR (REVENUE RECOVERY), KANNUR.

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3. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM.

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*ADDL.R4 IMPLEADED:

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ADDL.R4. THE EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, DISTRICT OFFICE, KANNUR.

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*IS IMPLEADED AS ADDL.R4 AS PER ORDER DATED 13.3.2008 IN IA.NO.3672/08

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BY SR.GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN BY P.RAMAKRISHNAN BY SRI.T.NAVEEN(STANDING COUNSEL)

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THIS WRIT PETITION (CIVIL) HAVING COME FOR ADMISSION ON 04-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 8072 of 2008 (J)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 TRUE CERTIFIED COPY OF THE TITLE DEED OF THE PETITIONER DATED 12.7.1978.

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EXT.P2 TRUE CERTIFIED PHOTOCOPY OF BUILDING TAX RECEIPT DATED 6.11.2007 ISSUED TO THE PETITIONER.

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EXT.P3 TRUE COPY OF DEMAND NOTICE ISSUED TO SUNOJ DATED 29.6.2007 BY R1.

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EXT.P4 TRUE COPY OF PETITION DATED 7.3.2008 SUBMITTED BY THE PETITIONER TO R2.

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RESPONDENTS' EXHIBITS:

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EXT.R1(A) COPY OF THE REQUISITION BY THE ADDITIONAL R4 TO THE DISTRICT COLLECTOR, KANNUR.

/TRUE COPY/

P.S. TO JUDGE

V.CHITAMBARESH, J.

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W.P.(C)NO.8072 OF 2008

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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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The petitioner has filed Ext.P4 representation with the second respondent disputing his liability to pay the dues under the Kerala Motor Transport Workers' Welfare Fund Board. It is the case of the petitioner that only his son was the owner of the five vehicles in question.

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I direct the second respondent to consider Ext.P4 representation with notice to the petitioner, his son and the 4^th respondent. The needful shall be done within a period of two months from the date of receipt of a copy of this judgment.

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Ext.P4 representation shall be dealt with in accordance with Section 46 of the Kerala Revenue Recovery Act, 1968. The coercive steps pursuant to Ext.P3 notice shall be put on hold in the meanwhile.

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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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cl.

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K.Nanu v. Special Deputy Tahsildar (Rr)

Case brief

What is this about?

What did the court decide?

K.Nanu v. Special Deputy Tahsildar (Rr)

Case brief

What is this about?

What did the court decide?

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