Petitioners complained of delay in revenue recovery of a deposit ordered by the Consumer Forum. The High Court, noting flood and pandemic delays, disposed of the writ by directing completion of recovery proceedings within six months.
Directing the respondents to complete the revenue recovery proceedings within a period of six months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 25TH DAY OF MARCH 2022 / 4TH CHAITHRA, 1944
WP(C) NO. 5223 OF 2022
PETITIONERS:
1 RAGSIPPI V.I., AGED 45 YEARSS/O. I. VIJAYAN, IRIPPAKKATTIL HOUSE, P.O. SHORNUR,
PALAKKAD DISTRICT-679121.
2 SUNILKUMAR A.V., AGED 43 YEARSS/O. GOVINDAN, AMBADIVALAPPIL HOUSE,
CHUNDUVALATHUR, SHORNUR P.O., PALAKKAD DISTRICT-679523.
3 K. VISWANATHAN, AGED 66 YEARS S/O. MADHAVAN NAIR, INDU NIVAS, MANCHAKKAD, P.O. SHORNUR, PALAKKAD DISTRICT-679121.4 BHASKARAN K., AGED 68 YEARS S/O. KRISHNAN NAIR, KOOLATH HOUSE, PANJAL P.O., CHERUTHURUTHY VIA, THRISSUR DISTRICT-679531. BY ADVS.LINDONS C.DAVIS
SWATHY A.P.
RESPONDENS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.2 THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR DISTRICT-680003.3 THE TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, CHEMBUKAVU, THRISSUR-680020. SRI.APPU P S, GPTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.5223 OF 2022
2
JUDGMENT
Dated this the 25th day of March, 2022
The petitioner is before this Court aggrieved by the delay in recovering the amounts due to the petitioner through revenue recovery proceedings, pursuant to the order of the Consumer Disputes Redressal Forum, Thrissur.
1 lakh with interest at the rate of 12% per annum from the date of deposit till realisation with costs 1,000/- to the petitioner within two months. The order of the Forum was not complied with. Subsequently, the petitioner filed Execution Petition pursuant to which revenue recovery proceedings were initiated. The grievance of the petitioner is that inspite of the lapse of long time, the respondents have not acted upon the directions to recover.WP(C) NO.5223 OF 2022
3
the learned Government Pleader submitted that the revenue recovery proceedings had to be kept in abeyance during the years 2018, 2019, 2020 and 2021 due to recurrent Floods occurred in Kerala and due to Covid-19 pandemic. The respondents are now proceeding with the revenue recovery as per the Kerala Revenue Recovery Act.
In view of the submission made above, the writ petition is disposed of directing the respondent to complete the revenue recovery proceedings within a period of six months.
sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.5223 OF 2022
APPENDIX OF WP(C) 5223/2022
PETITIONER EXHIBITS
Exhibit P1 |
A TRUE COPY O28/02/2009 INCONSUMER DISPTHRISSUR IN F |
F THE ORDER DATEDC.C.NO.187/2006 OFUTES REDRESSAL FORUMAVOUR OF 1ST PETITIONER. |
|---|---|---|
Exhibit P2 |
A TRUE COPY O27/01/2009 INCONSUMER DISPTHRISSUR IN F |
F THE ORDER DATEDC.C.NO.1136/2006 OFUTES REDRESSAL FORUM,AVOUR OF 2ND PETITIONER. |
Exhibit P3 |
A TRUE COPY O30/12/2009 INCONSUMER DISPTHRISSUR IN F |
F THE ORDER DATEDC.C.NO.133/2006 OFUTES REDRESSAL FORUM,AVOUR OF 3RD PETITIONER. |
Exhibit P4 |
A TRUE COPY O27/02/2010 INCONSUMER DISPTHRISSUR IN F |
F THE ORDER DATEDC.C.NO.186/2006 OFUTES REDRESSAL FORUM,AVOUR OF 4TH PETITIONER. |
Exhibit P5 |
A COPY OF THERECOVERY PROCCOLLECTORATE, |
REGISTER OF REVENUEEEDINGS IN THE DISTRICTTHRISSUR. |
Exhibit P6 |
A COPY OF THEOF THE PETITI |
LETTER DATED 23/02/2021ONERS 3 AND 4. |
Exhibit P7 |
A COPY OF THEFROM DISTRICT(RR). |
LETTER DATED 09/09/2021COLLECTOR TO TAHSILDAR |
3 issues framed by the court
Whether the writ petition challenging delay in revenue recovery proceedings should be disposed of with a direction to complete recovery within six months.
Whether the delay in execution was due to floods and pandemic affecting the revenue department.
Whether a direction for completion of revenue recovery is appropriate in this writ petition.
1 provisions across 1 enactments
Ragsippi V.I.
Sunilkumar A.V.
K. Viswanathan
Bhaskaran K.
State of Kerala
The District Collector, Ayyanthole
N. Nagares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court