Disposed

A.P.Mohammed Asif v. the District Collector

Kerala HC8 Dec 2020WP(C)/27361/2020

Case brief

AI extract

What is this about?

The Kerala High Court in a writ petition by a licensed wholesale distributor challenged revenue recovery proceedings initiated under Section 34 of the Kerala Revenue Recovery Act. The petitioners alleged that the Civil Supplies Department used their godowns without paying rent and failed to adjust dues. The Court directed the District Collector to consider the petitioner's objections after an oppo

What did the court decide?

Petitioner's objection in Ext.P5 to be considered; opportunity for hearing to be afforded; further revenue recovery proceedings to be stayed pending such hearing.

A.P.Mohammed Asif Vs the District Collector — Service and Employment | Kerala HC (2020)

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W.P(C).No.27361/2020-U

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 08TH DAY OF DECEMBER 2020 / 17TH AGRAHAYANA, 1942

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WP(C).No.27361 OF 2020(U)

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PETITIONER:

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A.P.MOHAMMED ASIF, AGED 41 YEARS AJISAS, PALISSERY, THALASSERY, KANNUR DISTRICT, PIN-670 101.

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BY ADVS. SRI.M.V.BOSE SRI.VINOD MADHAVAN SRI.SHARATH S.PUTHENPARAMPAN SMT.P.M.MAZNA MANSOOR

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, CIVIL STATION, KANNUR – 670 002.

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2 THE DISTRICT SUPPLY OFFICER, OFFICE OF THE DISTRICT SUPPLY OFFICER, CIVIL STATION, KANNUR – 670 002.

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3 THE TALUK SUPPLY OFFICER, OFFICE OF THE TALUK SUPPLY OFFICER, IRITTY TALUK, KANNUR DISTRICT, PIN – 670 703.

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4 THE DEPUTY TAHSILDAR, OFFICE OF THE DEPUTY TAHSILDAR, TALASSERY TALUK, KANNUR DISTRICT, PIN – 670 101.

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SMT.PRINCY XAVIER, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).No.27361/2020-U

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P.V.ASHA, J.

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---------------------------- W.P(c) No.27361 of 2020-U

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Dated this the 8^th day of December, 2020

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JUDGMENT

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The petitioner, who was a licensed authorised wholesale distributor of rationed articles from 2004 onwards till 01.11.2016, has filed this Writ Petition challenging the revenue recovery proceedings initiated against him. It is stated that notices are issued to him under Section 34 of the Revenue Recovery Act alleging arrears due from him towards tide-over. According to the petitioner, the Civil Supplies Department, is liable to pay rent for his godown where he had been storing rationed articles and the Department has been using those godowns from 01.11.2016 without paying him monthly rent. Apart from the rent for a period of 7 months, it is stated that, the Department is liable to pay the commission due to him and those amounts are not adjusted towards the arrears demanded from him. He also objects to the amount claimed towards tide-over. It is stated that Ext.P5 objection has already been submitted before the District Collector and that is not considered so far.

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In the above circumstances, the Writ Petition is disposed of directing the 1^st respondent to consider the objection raised by the petitioner in Ext.P5 and to pass

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W.P(C).No.27361/2020-U

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orders on the same, after affording an opportunity of hearing to the petitioner through electronic media, within a period of three months from the date of receipt of a copy of this judgment. Till such time, no further action shall be taken on the revenue recovery proceedings.

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Sd/- (P.V.ASHA, JUDGE)

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rtr/

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W.P(C).No.27361/2020-U

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A P P E N D I X

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PETITIONER'S EXHIBITS

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EXT.P1: TRUE COPY OF THE RECEIPT DATED 28.12.2019 ISSUED BY THE 3RD RESPONDENT FOR RECEIPT OF RS.19,637/- FROM THE PETITIONER. EXT.P2: TRUE COPY OF THE NOTICE, NO.CS-2-103/17 DATED 20.08.2020 ISSUED BY THE 3RD RESPONDENT DEMANDING RS.4,30,752/- FROM THE PETITIONER.

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EXT.P3: TRUE COPY OF THE NOTICE, NO.RRC NO:2019/6691/13 DATED 09.11.2020 ISSUED BY THE 4TH RESPONDENT DEMANDING RS.4,50,390/-

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FROM THE PETITIONER ISSUED UNDER S.7 OF THE KERALA REVENUE RECOVERY ACT.

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EXT.P4: TRUE COPY OF THE NOTICE, NO.RRC NO:2019/6691/13 DATED 09.11.2020 ISSUED BY THE 4TH RESPONDENT DEMANDING RS.4,50,390/FROM THE PETITIONER ISSUED UNDER S.34 OF THE KERALA REVENUE RECOVERY ACT.

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EXT.P5: TRUE COPY OF THE OBJECTION, DATED 27.11.2020 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

A.P.Mohammed Asif v. the District Collector

Case brief

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A.P.Mohammed Asif v. the District Collector

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