Allowed

Anil Krishnan, v. the District Geologist

Kerala HC23 Jan 2019WP(C)/1969/2019

Case brief

AI extract

What is this about?

In a writ petition challenging coercive action under the Kerala Revenue Recovery Act, the High Court of Kerala permitted the petitioner to pay outstanding amounts and interest in 10 monthly instalments. The court directed that default would lead to lump sum recovery but confirmed 1% collection charges for direct payment.

What did the court decide?

Petitioner permitted to pay outstanding amount with interest and charges in 10 equated monthly instalments starting 15.02.2019.

Anil Krishnan, Vs the District Geologist — Property and Title | Kerala HC (2019)

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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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WEDNESDAY,THE 23RD DAY OF JANUARY 2019 / 3RD MAGHA, 1940

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WP(C).No. 1969 of 2019

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PETITIONER/S:

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ANIL KRISHNAN, AGED 40 YEARS, S/O.LATE KRISHNANKUTTY, VALIAVILA VEETTIL, PALLIATH KUNNATH, KADUVINAL, VALLIKUNNAM, MAVELIKARA, ALAPPUZHA DISTRICT.

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BY ADVS. SRI.S.SHANAVAS KHAN SMT.S.INDU

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RESPONDENT/S:

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1 THE DISTRICT GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, MINI CIVIL STATION, CHERTHALA, ALAPPUZHA - 688 001.

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2 THE DEPUTY TAHSILDAR, TALUK OFFICE, MAVELIKARA, ALAPPUZHA DISTRICT - 688 001.

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3 THE VILLAGE OFFICER, VALLIKUNNAM VILLAGE, VALLIKUNNAM, ALAPPUZHA DISTRICT - 688 001.

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R1 TO R3 BY SRI.MANURAJ.K.J,GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1969 of 2019 2

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JUDGMENT

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Petitioner, his sister and mother are owners of an extent of 101.8 Ares of property situate in Sy.No.108/9,5,10 of Vallikunnam Village, Alappuzha District.

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The immediate grievance pointed out by the petitioner is against the coercive action initiated as per Exts.P3 and P4 in accordance with Sections 7 and 34 of the Kerala Revenue Recovery Act, on account of removal of ordinary earth by the petitioner in excess of the permission granted by the Mining and Geology Department. Learned counsel for the petitioner submitted that, the sole relief

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sought for is payment of the amounts specified in Exts.P3 and P4 in 12 monthly instalments.

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Having heard learned counsel for the petitioner and learned Government Pleader and realizing the grievances put forth by the petitioner, petitioner is permitted to pay the outstanding amount along with other charges and interest in 10 equated monthly instalments starting

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from 15.02.2019, and on the corresponding dates of the succeeding months.

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I make it clear that, if any of the instalment

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WP(C).No. 1969 of 2019 3

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as directed above is defaulted by the petitioner, respondent will be at liberty to proceed in accordance with law and recover the amount in lump. 5. I also make it clear that, it the petitioner is making the payments as directed, directly to the statutory authority, the collection charges shall be confined to 1% as per the rules.

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The writ petition is disposed of accordingly.

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Sd/-

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uu 23.01.2019

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WP(C).No. 1969 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER NO.284/201516/MM/OE/DOA/2596/15 DATED 20/11/2015 OF THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 20/06/2016 OF THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 05/11/2018 ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT.

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EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 05/11/2018 ISSUED UNDER S.34 OF THE REVENUE RECOVERY ACT.

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RESPONDENT'S EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

Anil Krishnan, v. the District Geologist

Case brief

What is this about?

What did the court decide?

Anil Krishnan, v. the District Geologist

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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