The Kerala High Court allowed a writ petition challenging revenue recovery proceedings initiated by the State and the bank. The impugned orders were set aside, though remedies for legal realization of the amount were kept open.
Impugned orders set aside. Petitioner granted relief. Remedies for realization left open.
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 MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941
WP(C).No.1788 OF 2020(W)
PETITIONER:
BIJU. A., AGED 35 YEARS, S/O. ASHOKAN, BIJU NIVAS, THALAYOLAPPARAMBU P.O. KOTTAYAM - 686 005.
BY ADV. SRI. T. RAJESH
RESPONDENTS:
1 STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF REVENUE TAX, GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 004.
4 CANARA BANK LTD., KOTTAYAM BRANCH (HI-TECH-AF BRANCH), KOTTAYAM - 686 001, REPRESENTED BY ITS SENIOR MANGER.
R1- R3, SMT. VINITHA. B - GP R4 - SRI. M. GOPIKRISHNAN NAMBIAR SRI. K. JOHN MATHAI SRI. JOSON MANAVALAN SRI. KURYAN THOMAS SRI. PAULOSE C. ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1788 OF 2020(W)
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JUDGMENT
Dated this the 18th day of February 2020
This writ petition is filed challenging the Revenue Recovery proceedings initiated against the petitioner for recovery of an amount of Rs.38,76,334/- (Rupees Thirty Eight Lakh Seventy Six Thousand Three Hundred and Thirty Four only.).
allowed. Impugned orders are set aside. However, it is made clear
WP(C).No.1788 OF 2020(W)
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that the remedies available to the respondents for realization of
amounts in accordance with law are left open.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE
SPR
WP(C).No.1788 OF 2020(W)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE RR NOTICE ISSUED AS RRC 2019/5792/05 ISSUED TO THE PETITIONER. EXHIBIT P2 THE TRUE COPY OF THE RR NOTICE 2019/5819/05 ISSUED TO THE PETITIONER. EXHIBIT P3 THE TRUE COPY OF THE RR NOTICE 2019/5885/05 DATED 30.10.2019.
RESPONDENT'S/S EXHIBITS: NIL.
1 issue framed by the court
Whether the writ petition challenging Revenue Recovery proceedings initiated against the petitioner should be allowed.
Colour shows how this judgement treated each authority
Sam J Mathews & Others v. Deputy Tahsildar (RR), Taluk Office, Thalappally, Trichur & OthersReferred¶2
Sam J Mathews & Others v. Deputy Tahsildar (RR), Taluk Office, Thalappally, Trichur & Others [2019(4) KHC 105]
Biju. A.
State of Kerala
District Collector, Kottayam
Deputy Tahsildar, Vaikom
Canara Bank Ltd.
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Anu Sivaraman
Parties & counsel
