The petitioner her husband defaulted on chitty payments. She sought settlement under the Awas scheme. The court found matter under committee consideration and directed a decision within two weeks
Directed the 1st respondent to decide on the Ext.P14 representation within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WP(C).No.31809 OF 2019(A)
PETITIONER:
M.HAZEENA, AGED 49 YEARS, W/O. ASHARUDHEEN, CHARUVILA PUTHEN VEEDU, NAVAYIKULAM, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM.
BY ADV. SRI.B.MOHANLAL
RESPONDENTS:
1 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REGISTERED OFFICE BHADRATHA P.B. NO:510, MUSEUM ROAD, CHEMBUKKAVU P.O., THRISSUR-680 020, REPRESENTED BY ITS MANAGING DIRECTOR.
2 THE DEPUTY COLLECTOR (SPECIAL), REVENUE RECOVERY, THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REGISTERED OFFICE BHADRATHA, P.B. NO:510, MUSEUM ROAD, CHEMBUKKAVU P.O., THRISSUR-680 020.
3 THE DEPUTY TAHASILDAR (REVENUE RECOVERY), KERALA STATE FINANCIAL ENTERPRISES LIMITED, NEW TRADE CENTRE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011.
4 THE DEPUTY TAHASILDAR (REVENUE RECOVERY), KERALA STATE FINANCIAL ENTERPRISES LIMITED, KERALA STATE FINANCIAL ENTERPRISES BUILDING, CHINNAKKADA, KOLLAM-691 001.
5 THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LIMITED, PALLICKAL P.O., KILIMANOOR VIA, THIRUVANANTHAPURAM-695 604.
6 THE LAND REVENUE COMMISSIONER, GOVERNMENT OF KERALA, PUBLIC OFFICE BUILDING, MUSEUM, THIRUVANANTHAPURAM-695 033.
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7 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
10 ASHARUDHEEN, S/O.IBRAHIM KUNJU, CHARUVILA PUTHEN VEEDU, 28TH MILE STONE, NAVAYIKULAM P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM-695 603.
BY ADV. SRI.ARUN ANTONY
SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner as well as her husband, who is the 10th respondent, have auctioned various chitties conducted by the Kerala State Financial Enterprises. They have defaulted the payments and a huge amount is due from them. The writ petition was filed when Revenue Recovery proceedings were initiated.
2. The petitioner has subsequently approached the 1st respondent with Ext.P14 representation requesting for settlement of the liability under the Aswas scheme. The learned counsel for the petitioner points out that Ext.P13 representation is under consideration of a Committee constituted by the 1st respondent.
3. Heard Sri.Arun Antony, learned
Standing Counsel for the respondents 1 and 5
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as well as the learned Government Pleader.
As the learned counsel for the petitioner submits that the matter is under active consideration of the Committee constituted by the 1st respondent, the writ petition is disposed of directing the 1st respondent to see that a decision is taken on Ext.P14 representation at the earliest, within a period of two weeks from the date of receipt of a copy of the judgment. Sd/-
P.V.ASHA JUDGE
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | THE TRUE C 3RD RESPON |
OPY OF THE NOTICE ISSUED BY THE DENT TO THE PETITIONER'S HUSBAND. |
|---|---|---|
| EXHIBIT P2 | THE TRUE NO:4059/20 HON'BLE CO |
COPY OF THE JUDGMENT IN W.P.(C) 15 DATED 01/06/2015 OF THIS URT. |
| EXHIBIT P3 | THE TRUE NO:18842/2 HON'BLE CO |
COPY OF THE JUDGMENT IN W.P.(C) 014 DATED 24/06/2015 OF THIS URT. |
| EXHIBIT P4 | THE TRUE 47433/2015 6TH RESPON |
COPY OF THE ORDER NO:LRB4- DATED 12/02/2016 ISSUED BY THE DENT. |
| EXHIBIT P5 | THE TRUE 24/11/2016 HONBLE COU |
COPY OF THE JUDGMENT DATED W.P.(C) NO:35221/2016 OF THIS RT. |
| EXHIBIT P6 | THE TRUE 08/03/2017 BEFORE THE |
COPY OF THE APPLICATION DATED SUBMITTED BY THE PETITIONER 5TH RESPONDENT. |
| EXHIBIT P7 | THE TRUE H3/12/REVE THE 1ST RE |
COPY OF THE CIRCULAR NO: NUE DATED 20/05/2015 ISSUED BY SPONDENT. |
| EXHIBIT P8 | THE TRUE C THE PETITI DATED 15/0 |
OPY OF THE APPLICATION FILED BY ONER BEFORE THE 2ND RESPONDENT 2/2018. |
| EXHIBIT P9 | THE TRUE 31/05/2018 HON'BLE CO |
COPY OF THE JUDGMENT DATED IN W.P.(C) NO.9024/2018 OF THIS URT. |
| EXHIBIT P10 | THE TRUE 03/04/2019 HON'BLE CO |
COPY OF THE JUDGMENT DATED IN W.A. NO.370/2019 OF THIS URT. |
| EXHIBIT P11 | THE TRUE C 09/07//201 RESPONDENT |
OPY OF THE SALE AGREEMENT DATED 9 ENTERED INTO BETWEEN THE 10TH AND 8TH RESPONDENT. |
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EXHIBIT P12 THE TRUE COPY OF THE APPLICATION FILED BY THE 9TH RESPONDENT DATED 11/03/2019 BEFORE THE 5TH RESPONDENT KSFE, PALLIKKAL BRANCH. EXHIBIT P13 THE TRUE COPY OF THE CIRCULAR NO:42/2020 (RECOVERY) ISSUED BY THE 1ST RESPONDENT. EXHIBIT P14 THE TRUE COPY OF THE APPLICATION DATED 24/09/2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
1 issue framed by the court
Whether the writ petition should be disposed of while the recovery proceedings are under active consideration by the respondent committee.
M.HAZEENA
THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
