Allowed

Shahad Parammal v. the State of Kerala

Kerala HC8 Nov 2022WP(C)/35391/2022

Case brief

AI extract

What is this about?

The Court held that Revenue Recovery proceedings for sale initiated without issuing notice to the petitioner as a co-owner are illegal. The writ petition was allowed, directing fresh notice to all co-owners named in the legal heirship certificate and deferring the scheduled sale.

What did the court decide?

Directed the 3rd respondent to issue fresh Revenue Recovery notices to all co-owners named in the legal heirship certificate; sale scheduled for 08.11.2022 deferred.

Shahad Parammal Vs the State of Kerala — Property and Title | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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TUESDAY, THE 8TH DAY OF NOVEMBER 2022 / 17TH KARTHIKA, 1944

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WP(C) NO. 35391 OF 2022

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PETITIONER:

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SHAHAD PARAMMAL, AGED 32 YEARS
S/O AHAMMED PARAMMEL,
PARAMMAL HOUSE, EAST KODOOR,

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CHATTIPARAMBU P.O, MALAPPURAM, PIN - 676504

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BY ADV DIPU JAMES

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LAND REVENUE, SECRETARIAT, STATUE JUNCTION, THIRUVANANTHAPURAM, PIN - 695001

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2 THE DISTRICT COLLECTOR, MALAPPURAM, CIVIL STATION, MANJERI, MALAPPURAM DISTRICT , PIN - 676505

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3 TAHSILDAR

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REVENUE RECOVERY, TALUK OFFICE, PERINTHALMANNA,
MALAPPURAM DISTRICT , PIN - 679332

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4 THE VILLAGE OFFICER, VILLAGE OFFICE, KODOOR, MALAPPURAM DISTRICT, PIN - 676504

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5 STATE TAX OFFICER / COMMERCIAL TAX OFFICER FIRST CIRCLE, PERINTALMANNA, KSGST DEPARTMENT, (COMMERCIAL TAXES DEPARTMENT) MALAPPURAM DISTRICT PIN679321

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G.P. Amminikutty K.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P. (C) No. 35391 of 2022

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V. G. ARUN, J.

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W.P. (C) No. 35391 of 2022

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Dated this the 8^th day of November, 2022

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JUDGMENT

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The Petitioner claims to be a co-owner of property comprised in Survey No. 117/1, 3 of Kodoor Village having an extend of 0.0419 hectors as well as the land covered by Survey No. 7/3 of Kodoor Village comprising of 0.0463 hectors. The petitioner’s grievance is regarding the proceedings for sale initiated under the Revenue Recovery Act without issuing notice to him. The petitioner has submitted Ext. P5 objection before the Revenue Recovery Authorities pointing out these aspects. Learned counsel for the petitioner submitted that the proposed sale without issuing notice to co-owners is ex facie illegal and liable to interfered with. Learned Government Pleader submitted that the Revenue Recovery Proceedings initiated for realization of arrears of sales tax dues and it is difficult to believe that the petitioner was not aware of the proceedings. It is submitted that the notice was issued to the petitioner’s mother and the other co-owners.

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W.P. (C) No. 35391 of 2022

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In so far as the petitioner’s assertion that he was not been issued with notice remains uncontroverted, the challenge against the Revenue Recovery proceedings is liable to be upheld. The writ petition is hence disposed of directing the 3^rd respondent to issue fresh Revenue Recovery Notice to all co-owners named in Ext. P2 legal heirship certificate and to proceed with further action based only thereafter. In view of the above direction the sale scheduled to be held on 08.11.2022 shall stand deferred.

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Sd/V. G. ARUN JUDGE

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san

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W.P. (C) No. 35391 of 2022

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APPENDIX OF WP(C) 35391/2022

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PETITIONER EXHIBITS

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Exhibit P1A TRUE OF THE DEATH CERTIFICATE OF THE
PETITIONER'S FATHER, AHAMED, DATED 7-2-
2020
Exhibit P2TRUE COPY OF THE LEGAL HEIRSHIP
CERTIFICATE OF DECEASED AHAMED DATED 16-
6-2021 ISSUED BY THE THIRD RESPONDENT TO
THE PETITIONER
Exhibit P3A TRUE COPY OF THE RELEVANT PORTION OF
THE NOTICE BEARING D4-8275/18 UNDER
KERALA REVENUE RECOVERY ACT, 1968
PROPOSING SALE OF IMMOVABLE PROPERTY
ISSUED BY THE THIRD RESPONDENT
Exhibit P4A TRUE COPY OF THE RELEVANT PORTION OF
THE NOTICE BEARING D4-8275/18 UNDER
KERALA REVENUE RECOVERY ACT, 1968
PROPOSING SALE OF IMMOVABLE PROPERTY
ISSUED BY THE THIRD RESPONDENT
Exhibit P5A TRUE COPY OF THE OBJECTION DATED 24-10-
2022 SUBMITTED BY THE PETITIONER BEFORE
THE THIRD RESPONDENT AGAINST THE SALE
NOTICES

Shahad Parammal v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Shahad Parammal v. the State of Kerala

Case brief

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