Petitioner challenged revenue recovery proceedings for BPL ration purchases. Court directed petitioner to approach District Collector regarding grievances conditionally.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942
WP(C).No.27511 OF 2020(L)
PETITIONER:
OMANAKUTTAN, AGED 56 YEARS, S/O. K.BHASKARAN, PALAVILA PADINJATTATHIL VEEDU, VETTIKAVALA P.O, KOTTARAKKARA, KOLLAM-691 538.
BY ADVS. SRI.SYAM J.SAM SMT.SUNAINA ABDULKADER
RESPONDENTS:
BY ADV. SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27511 OF 2020(L)
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JUDGMENT
The petitioner is aggrieved by the
Revenue Recovery proceedings initiated against him towards the value of ration articles purchased by him using the BPL Ration Card.
2. It is stated that petitioner was found to have a car and therefore he does not come under the BPL Category. It was directed to recover the value of ration articles purchased by the petitioner for the period from March, 2018 to September, 2019. According to the petitioner, the period for which the amount claimed is not correct. Petitioner has also
got certain explanations as against the findings.
3. The learned Government Pleader points out that petitioner can approach the District Collector as against the proceedings.
Therefore petitioner would be free to
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approach the District Collector pointing out the grievances, if any, against Ext.P4 Demand Notice issued by Taluk Supply Officer and the proceedings initiated thereafter. In case, petitioner submits such an application before the District Collector, the same shall be considered and orders shall be passed within a period of two months from the date of receipt of a copy of the judgment after hearing the petitioner. In the meanwhile, petitioner shall remit 50% of the amount demanded in the Revenue Recovery notice within a period of three weeks. In that event further proceedings for recovery shall be kept in abeyance.
Accordingly, the writ petition is
disposed of. Sd/-
P.V.ASHA JUDGE
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF BY VILLAGE OF |
THE INCOME CERTIFICATE ISSUED FICER. |
|---|---|---|
| EXHIBIT P1 | TRUE COPY OF | THE RATION CARD. |
| EXHIBIT P3 | TRUE COPY CERTIFICATE. |
OF VEHICLE REGISTRATION |
| EXHIBIT P4 | TRUE COPY OF 01.10.2019. |
NOTICE BY 1ST RESPONDENT DATED |
| EXHIBIT P5 | TRUE COPY OF 19.10.2019. |
REPLY TO 1ST RESPONDENT DATED |
| EXHIBIT P6 | TRUE COPY RESPONDENT DA |
OF DEMAND NOTICE BY 1ST TED 04.12.2019. |
| EXHIBIT P7 | TRUE COPY OF 20.12.2019. |
REQUEST BY PETITIONER DATED |
| EXHIBIT P8 | TRUE COPY OF ISSUED BY 13.01.2020. |
REVENUE RECOVERY CERTIFICATE DEPUTY COLLECTOR(RR) DATED |
| EXHIBIT P9 | TRUE COPY 03.02.2020. |
OF DEMAND NOTICE DATED |
| EXHIBIT P10 | TRUE COPY OF 14227/2020 DA |
THE ATTACHMENT NOTICE NO.D7- TED 20.11.2020. |
Omanakuttan
Taluk Supply Officer, Kottarakkara
Taluk Thahasildar, Kottarakkara
Village Officer, Vettikavela
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
