The High Court of Kerala dismissed a writ petition challenging continuation of revenue recovery proceedings initiated in 1998. The court held that lifting attachment did not drop proceedings and the case was within limitation.
The writ petition was dismissed without any cost awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937
WP(C).No. 9409 of 2015 (A)
PETITIONER:
HAMZA, S/O.NAFEESA, AGED 39 YEARS, NALAKATH HOUSE, KOTTAKKAL P.O. TIRUR, MALAPPURAM DISTRICT.
BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENT(S)/RESPONDENTS:-
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO REVENUE DEPARTMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE SECRETARY, REVENUE DEPARTMENT, GOVT. SECRETARIAT THIRUVANANTHAPURAM - 695 001.
3. THE COMMISSIONER OF LAND REVENUE, MUSEUM JUNCTION, THIRUVANANTHAPURAM - 695 001.
4. THE DISTRICT COLLECTOR, MALAPPURAM, COLLECTORATE P.O., MALAPPURAM - 676 505.
5. THE DEPUTY TAHSILDAR (RR), TALUK OFFICE, TIRUR, MALAPPURAM - 676 101.
6. THE VILLAGE OFFICER, THIRUNAVAYA VILLAGE OFFICE, POST THIRUNAVAYA, TIRUR MALAPPURAM - 676 102.
8. NAFEESA, NALAKATH HOUSE, KOTTAKKAL P.O., TIRUR MALAPPURAM - 676 503.
-2-
9. ABDUL AZEEZ @ ROBERT PATHROSE, CHITTAKAM, KOTTAKKAL P.O., TIRUR TALUK MALAPPURAM DISTRICT - 676 503.
*R7 SUBSTITUTED AS KERALA GRAMIN BANK, TIRUNAVAYA BRANCH, POST TIRUNAVAYA, TIRUR TALUK, MALAPPURAM DISTRICT AS PER ORDER DATED 14/07/2015 IN IA NO.9675/2015.
R1TO R6 BY GOVERNMENT PLEADER SMT.M.T.SHEEBA R7 BY SRI.T.R.RAVI, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
vmr.
WP(C).No. 9409 of 2015 (A)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1. THE TRUE COPY OF DOCUMENT NO.2858/1998 OF SRO, KODAKKAL DATED 23.12.1998.
EXHIBIT P2. THE TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, THIRUNAVAYA DATED 10.09.2012.
EXHIBIT P3. THE TRUE COPY OF THE ORDER ISSUED BY THE 5TH RESPONDENT DATED 21.12.2009.
EXHIBIT P4. THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 5TH RESPONDENT DATED 09.11.2010.
EXHIBIT P5. THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 12.11.2010.
EXHIBIT P6. THE TRUE COPY OF THE ORDER OF THE 5TH RESPONDENT DATED 01.01.2011.
EXHIBIT P7. THE TRUE COPY OF THE JUDGMENT IN WP(C)NO.35747/2010 DATED 11.01.2011.
EXHIBIT P8. A TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 18.12.2013.
EXHIBIT P9. A TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 23.12.2014.
RESPONDENT(S)' EXHIBITS : NIL. ---------------------------------------
/TRUE COPY/
P.S.TO JUDGE
vmr.
A. MUHAMED MUSTAQUE, J.
W.P(C). No. 9409 of 2015 -------------------------------------------
Dated this the 24th day of July, 2015
J U D G M E N T
The petitioner is the son of the 8th respondent. The 8th respondent executed a document in favour of the petitioner in the year 1998. According to the petitioner, by virtue of the above document petitioner has become the absolute owner and in possession of the property.
WP(c). No.9409 of 2015
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WP(c). No.9409 of 2015
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of time with the revenue recovery proceeding. The halting of revenue recovery proceedings for more than a decade could not be construed as dropping of revenue recovery proceedings. The petitioner has no case that, the claim was barred by limitation in the year 1998.
view of the matter, there is nothing survives for consideration.
Accordingly, this writ petition is dismissed. No cost.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE.
Pn
2 issues framed by the court
Whether the present revenue recovery proceedings are barred by limitation as they are more than a decade old.
Whether lifting of attachment by the bank amounts to dropping of the revenue recovery proceedings.
Hamza
State of Kerala
Secretary to Revenue Department
Commissioner of Land Revenue
District Collector
Deputy Tahsildar
A. Muhamed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
