The High Court of Kerala disposed of a writ petition by directing the respondents to allow the petitioner to avail the Ashwas 2020 Scheme, granting full benefits to settle outstanding dues without further recovery proceedings.
Petitioner directed to approach First Respondent for Ashwas 2020 Scheme benefits; no further recovery proceedings to be entertained.
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 SMT. JUSTICE P.V.ASHA
TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942
WP(C).No.19003 OF 2020(A)
PETITIONER:
JOSHY THOMAS AGED 49 YEARS S/O. LATE P.K. THOMAS, PARAKA HOUSE, PADUVAPURAM, KARUKUTTY, ANGAMALY, PIN - 683576.
BY ADV. SRI.C.A.JOY
RESPONDENTS:
3 THE VILLAGE OFFICER, VILLAGE OFFICE, KARUKUTTY, PIN - 683576.
BY SRI.SALIL NARAYANAN K.A., SC, KSFE LTD.
OTHER PRESENT:
SMT.PRINCY XAVIER ,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.19003 OF 2020(A)
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J U D G M E N T
Petitioner has filed this writ petition aggrieved
by the revenue recovery proceedings initiated towards
the amount outstanding in his name to the 1st respondent.
respondent, according to which the total amount outstanding against the petitioner as on 24.09.2020 was Rs.18,57,590/-. It is stated that petitioner would be given sufficient relaxation in case he avails the
benefit of Ashwas 2020 Scheme, making lump sum payment.
WP(C).No.19003 OF 2020(A)
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till 31.01.2021.
that the petitioner has received a notice from the respondent stating that petitioner would be eligible to avail the Ashwas 2020 Scheme.
Petitioner would be free to approach the first respondent and to avail the Ashwas 2020 Scheme and the first respondent shall see that whatever
benefits are admissible to the petitioner are granted as soon as the petitioner reports before him with all necessary documents and funds. In that event there need not be any further proceedings for revenue recovery.
P.V.ASHA, JUDGE
AS
WP(C).No.19003 OF 2020(A)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE DEMAND NOTICE UNDER S.7 OF THE REVENUE RECOVERY ACT DATED 22.07.2019.
EXHIBIT P2 A TRUE COPY OF THE COUNTER FOIL DATED 08.09.2020 SHOWING THE REMITTANCE OF THE ABOVE SAID AMOUNT OF RS.2,83,100/IN THE ACCOUNT OF THE 1ST RESPONDENT.
EXHIBIT P3
A TRUE COP OF THE DEMAND NOTICE UNDER S.34 OF THE REVENUE RECOVERY ACT DATED 10.02.2020.
2 issues framed by the court
Whether the petitioner can avail the Ashwas 2020 Scheme to avoid further revenue recovery proceedings.
How the relief should be structured to facilitate the discharge of dues via the scheme.
Joshy Thomas
The Branch Manager, Kerala State Financial Enterprises
Deputy Tahasildar, Revenue Recovery
The Village Officer
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
