In a writ petition challenging withdrawn revenue recovery proceedings against a former Panchayat Secretary, the Court held that no proceedings are pending as the requisition was withdrawn. Alternative remedies were left open.
The writ petition was disposed of holding that no revenue recovery proceedings were pending against the petitioner.
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 SHAJI P.CHALY
THURSDAY, THE 23RD DAY OF MARCH 2017/2ND CHAITHRA, 1939
WP(C).No. 4405 of 2012 (A)
PETITIONER :
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T.M. CHERIYAKKAN, MADATHIL BHAVAN, SIYAMKANDAM, P.O.PULLIKKAL, MALAPPURAM DISTRICT - 673 637.
BY ADV. SRI.RAJESH NAMBIAR
RESPONDENTS :
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1. KEEZHUPARAMBA GRAMA PANCHAYATH
2. SECRETARY
3. DEPUTY DIRECTOR (H.GR), OFFICE OF THE DEPUTY DIRECTOR HIGHER GRADE LOCAL FUND AUDIT, MALAPPURAM - 676 505.
4. DISTRICT COLLECTOR
5. DEPUTY TAHSILDAR
R4 & R5 BY GOVERNMENT PLEADER SMT. VINITHA B.HARIRAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 4405 of 2012 (A)
APPENDIX
PETITIONER(S) EXHIBITS
| EXHIBIT P1:- | TRUE COPY OF THE COVERING LETTER DATED 30.6.2008 OF THE 2ND RESPONDENT. |
|---|---|
| EXHIBIT P2:- | TRUE COPY OF THE PARAGRAPH 37 AUDIT REPORT 1997-98 OF KEEZHUPARAMBA GRAMA PANCHAYATH. |
| EXHIBIT P3:- | TRUE COPY OF THE REPLY OF THE PETITIONER DATED 14.7.2008 TO EXT.P1 LETTER AND EXT.P2 AUDIT OBJECTION. |
| EXHIBIT P4:- | TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 20.1.2009 ISSUED BY THE 5TH RESPONDENT. |
| EXHIBIT P5:- | TRUE COPY OF THE REPRESENTATION DATED 13.2.2009 SENT TO THE 2ND RESPONDENT. |
| EXHIBIT P6:- | TRUE COPY OF THE REPRESENTATION DATED 13.2.2009 SENT TO THE 3RD RESPONDENT. |
| EXHIBIT P7:- | TRUE COPY OF THE LETTER DATED 24.2.2009 SENT BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. |
| EXHIBIT P8:- | TRUE COPY OF THE REPLY DATED 2.6.2009 FROM 3RD RESPONDENT TO EXT.P6 REPRESENTATION. |
| EXHIBIT P9:- | TRUE COPY OF THE REPRESENTATION DATED 10.6.2009 MADE BY THE PETITIONER BEFORE THE IST RESPONDENT. |
| EXHIBIT P10:- | TRUE COPY OF THE DECISION OF THE PANCHAYATH DATED 25.6.2009. |
| EXHIBIT P11:- | TRUE COPY OF THE LETTER DATED 26.3.2010 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. |
| EXHIBIT P12:- | TRUE COPY OF THE LETTER SENT BY 2ND RESPONDENT TO THE PETITIONER DATED 2.7.2010. |
| EXHIBIT P13:- | TRUE COPY OF THE REPLY OF THE PETITIONER DATED 5.9.2010. |
| EXHIBIT P14:- | TRUE COPY OF THE LETTER DATED 22.9.2010 ISSUED BY BANK MANAGER, KUNIYIL BRANCH, SOUTH MALABAR GRAMIN BANK. |
WP(C).No. 4405 of 2012 (A)
EXHIBIT P15:TRUE COPY OF THE REPRESENTATION DATED 12.1.2011 SENT TO THE KERALA LEGISLATIVE ACCOUNTS COMMITTEE. EXHIBIT P16:TRUE COPY OF THE LETTER DATED 26.4.2011 FROM THE OFFICE OF THE 3RD RESPONDENT. EXHIBIT P17:TRUE COPY OF THE REPRESENTATION DATED 3.5.2011 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P18:TRUE COPY OF THE REVENUE RECOVERY NOTICES DATED 9.2.2012 IN FORM 10. EXHIBIT P19:TRUE COPY OF THE REVENUE RECOVERY NOTICES DATED 9.2.2012 IN FORM I.
RESPONDENTS' EXHIBITS : NIL.
//TRUE COPY//
P.S. TO JUDGE
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SHAJI P. CHALY, J.
W.P.(C) No.4405 of 2012
Dated this the 23rd day of March, 2017
JUDGMENT
Petitioner herein was the Secretary of the 1st respondent Grama Panchayat during the period from 24.03.1997 to 17.06.1997. After ten years, vide Ext.P2 audit report, objection was taken against the petitioner to the effect that the voucher number 50/27.05.1997 for an amount of Rs.40,000/- was not produced at the time of inspection, and hence it was recommended that the amount be recovered from the concerned officer. Thereafter, Ext.P4 revenue recovery proceedings were initiated against the petitioner for recovery of Rs.40,000/- with interest at 18% from 27.05.1997. The said recovery proceedings were withdrawn. However, the same was initiated again as per Exts.P18 and P19 under Sections 34 and 7 of the Kerala Revenue Recovery Act, respectively. It is thus challenging the said proceedings, this writ petition is filed.
Among other contentions, it is stated in paragraph 5, based
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W.P.(C) No.4405 of 2012
on an intimation from the 2nd respondent, revenue recovery proceedings were initiated against the petitioner for realizing the amount. However, the requisition was later withdrawn by the 2nd respondent as per letter dated 24.02.2009, and hence the recovery action dropped. It is also stated that, based on the online requisition dated 16.04.2011, statutory notices under Section 7 and 34 of the Revenue Recovery Act have been issued to the petitioner, but since the explanation of the petitioner pursuant to the audit objection is pending consideration before the Local Fund Audit and Accounts Committee, revenue recovery action is stopped and the requisition returned to the 2nd respondent on 14.03.2012, and therefore, no revenue recovery action is in force or pending with the 4th and 5th respondents against the petitioner.
a wholesome answer to the issues raised by the petitioner in the writ petition. There are no revenue recovery proceedings pending against the petitioner in view of the withdrawal of the requisition by the respective authorities.
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W.P.(C) No.4405 of 2012
that there is no revenue recovery proceedings as such is pending against the petitioner. However, if the Panchayat is left with any other remedy to recover any amount, the same is
left open.
Sd/-
SHAJI P. CHALY JUDGE
St/23.03.2017
T.M. Cheriyakkan
Keethuparamba Grama Panchayath
Secretary, Keethuparamba Grama Panchayath
Deputy Director (H.Gr), Office of the Deputy Director Higher Grade Local Fund Audit, Malappuram
District Collector, Malappuram
Deputy Tahsildar, Revenue Recovery, Ernad
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
