Quashed

N.Viswambharan v. the Deputy Tahsildar

Kerala HC14 Nov 2016WP(C)/10254/2016

Case brief

AI extract

What is this about?

Petitioner, a retired engineer, challenged recovery action against him for his son's dues. The Court quashed the proceedings, holding that no recovery proceedings were pending against the petitioner under the cited Act, and relief shall not proceed against him.

What did the court decide?

No recovery proceedings shall be proceeded against the petitioner to recover any amount due from his son.

N.Viswambharan Vs the Deputy Tahsildar — Constitutional and Fundamental Rights | Kerala HC (2016)

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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 SHAJI P.CHALY

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MONDAY, THE 14TH DAY OF NOVEMBER 2016/23RD KARTHIKA, 1938

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WP(C).No. 10254 of 2016 (F)

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PETITIONER(S):

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N. VISWAMBHARAN, AGED 79 YEARS, S/O. NARAYANAN S., PRASHANTH, DEVASWOM LANE, KESAVADASAPURAM, THIRUVANANTHAPURAM - 695 004.

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BY ADVS.SRI.K.M.SATHYANATHA MENON, SMT.KAVERY S THAMPI.

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RESPONDENTS:-:

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1. THE DEPUTY TAHSILDAR (RR), THIRUVANANTHAPURAM - 695 001.

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2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM - 695 001.

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BY SR. GOVT. PLEADER SRI.T.K. ARAVINDA KUMAR BABU.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 10254 of 2016 (F)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1. TRUE COPY OF THE WRITTEN EXPLANATION DATED 02.03.2016 GIVEN BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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EXHIBIT P2. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P3. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P4. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P5. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P6. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P7. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P8. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P9. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P10. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P11. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P12. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P13. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P14. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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....2/-

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WP(C).No. 10254 of 2016 (F)

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EXHIBIT P15. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P16. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P17. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P18. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P19. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P20. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P21. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P22. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P23. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P24. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P25. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P26. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P27. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P28. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P29. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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....3/-

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WP(C).No. 10254 of 2016 (F)

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EXHIBIT P30. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P31. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P32. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P33. TRUE COPY OF THE NOTICE DATED 08.09.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

SHAJI P. CHALY, J.

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W.P.(C). No. 10254 OF 2016

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Dated this the 14^th day of November, 2016

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JUDGMENT

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Petitioner is a senior citizen aged 79 years and staying along with his wife aged 67 years in a rented premises. Petitioner is a retired Assistant Executive Engineer from PWD. This writ petition is filed challenging recovery action initiated under Sections 7 and 34 of the Kerala Revenue Recovery Act, apparently to recover the dues from petitioner's son namely, Pradeep Viswambharan. It is the contention of the petitioner that, petitioner is not at all liable or responsible for the amounts due from his son and he and his wife are residing in a rented premises. It is in this background seeking appropriate direction, this writ petition is filed.

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First respondent has filed a counter affidavit stating that Distress Warrants are pending against Pradeep

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W.P.(C). No. 10254 OF 2016 2

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Viswambharan, son of the petitioner in various cases towards fine imposed by the Chief Metropolitan MagistrateXIV, Bangalore. It is also stated in the counter affidavit that no recovery proceedings are pending against the writ petitioner.

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After hearing learned counsel for the petitioner and learned Senior Government Pleader, and taking note of the respective submissions made across the bar and perusing the pleadings, I am satisfied that there are no recovery proceedings pending against the petitioner, under Sections 7 and 34 of the Kerala Revenue Recovery Act. The submission made in the counter affidavit filed by the first respondent is so recorded and the writ petition is disposed of, holding that no recovery proceedings shall be proceeded against the petitioner to recover any amount due from the son of the petitioner namely, Pradeep Viswambharan in the Distress Warrant proceedings.

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SHAJI P. CHALY JUDGE

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DCS

N.Viswambharan v. the Deputy Tahsildar

Case brief

What is this about?

What did the court decide?

N.Viswambharan v. the Deputy Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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