In a writ petition challenging revenue recovery proceedings due to a past award, the Court abated the proceedings against the petitioner on the grounds that he had died and recovery must be initiated in a proper legal manner.
WRIT PETITION IS CLOSED. RECOVERY PROCEEDINGS QUATHE PETITIONER WHO HAS EXPIRED ARE ABATED.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO. 7095 OF 2018
PETITIONER:
R.PRASAD
AGED 64 YEARS, SON OF RAGHAVAN,
PUTHENPURACKAL, ERUMAKUZHY, NOORNAD P.O.,
ALAPPUZHA- 690 504.
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.P.S.GIREESH
SRI.K.V.GEORGE
SRI.P.N.RAJAGOPALAN NAIR
SRI.RIYAL DEVASSY
RESPONDENTS:
1 THE DEPUTY TAHSILDAR (RR) MAVELIKKARA TALUK, TALUK OFFICE, KOTTANADU, MAVELLIKKARA-690 101.2 THE VILLAGE OFFICER PALAMEL VILLAGE, VILLAGE OFFICE, KP ROAD, ERUMAKUZHY, PALAMEL, ALAPPUZHA- 680 504.3THE DISTRICT LABOUR OFFICER
OFFICE OF THE DISTRICT LABOUR OFFICER,
THONDANKULANGARA, THATHAMPALLY,
ALAPPUZHA- 688 013.
4 V.YESODHARANCHIRATHALAYKKAL VEEDU, PEROORKHARAZHAMA,
CHARUMMODU P.O., -690 505.
5 N.REMANAN OTTAMAVULLATHIL VEEDU, VEDARAPLAVU, VEDARAPLAVU P.O., CHARAMMODU P.O., -690 505.6 G.RAJAN ASARIYATHUKIZHAKKATHIL VEEDU, PEROORKHARAZHAMA,CHARAMMODU P.O., -690 505.WP(C) NO. 7095 OF 2018
2
7N.K.VAIJAYAN
NAMBIARKULANGARA VEEDU, PADANILAM,
PADANILAM P.O., NOORANAD - 690 529.
8N.K.VIKRAMAN
NAMBIARKULANGARA VEEDU, PADANILAM,
PADANILAM P.O.,NOORANAD - 690 529.
9S. HARIKUMAR
PATHISSERIL VEEDU, THAMARAKULAM,
THAMARAKULAM P.O., MAVELIKKARA-690 530.
BY ADVS.
BABU CHERUKARA
SMT.ANUROOPA JAYADEVAN
SRI.B.SURESH KUMAR
V.R.ARUN
SRI.JIMMY GEORGE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 7095 OF 2018
3
JUDGMENT
Revenue recovery proceedings in pursuance to the award dated 02.11.2004 in claim petition 81/1992 Ext.P5 are under challenge on behalf of the petitioner.
Petitioner is stated to have died and therefore, I am of the view that the recovery has to be initiated in a proper and legal manner but not as sought fo r. Thus, recovery proceedings, qua the petitioner, who has expired, are abated. Writ p etition is
closed.
Sd/-
AMIT RAWAL
JUDGE
nak
WP(C) NO. 7095 OF 2018
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APPENDIX OF WP(C) 7095/2018
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF DISCHARGE SUMMARY DATED
28.10.2014 ISSUED BY DR. ABI ABRAHAM
M., MD, DM, DNB, DEPARTMENT OF
NEPHROLOGY, LAKESHORE HOSPITAL &
RESEARCH CENTRE LTD., MARADU, KOCHI TO
PETITIONER.
EXHIBIT P2TRUE COPY OF CERTIFICATE DATED
07.12.2017 ISSUED BY DR. B.SATISH MD,
DM, DNB, KIMS HOSPITAL, TRIVANDRUM TO
PETITIONER.
EXHIBIT P3TRUE COPY OF NOTICE NO. KRC NO.
2017/4988/04 DATED 8.1.2018 ISSUED IN
FORM 1 BY 1ST RESPONDENT TO PETITIONER.
EXHIBIT P4TRUE COPY OF NOTICE NO. KRC NO.
2017/4988/04 DATED 8.1.2018 ISSUED IN
FORM 10 BY 1ST RESPONDENT TO
PETITIONER.
EXHIBIT P5TRUE COPY OF ORDER DATED 02.11.2014 IN
CLAIM PETITION NO.81 OF 1992 BEFORE THE
HON'BLE LABOUR COURT, KOLLAM.
EXHIBIT P6TRUE COPY OF JUDGMENT DATED 20.05.2016
IN WP(C) NO. 12283 OF 2006 BEFORE THIS
HON'BLE COURT.
R.PRASAD
THE DEPUTY TAHSILDAR (RR) MAVELIKKARA
THE VILLAGE OFFICER PALAMEL
THE DISTRICT LABOUR OFFICER
V.YESODHARAN
N.REMANAN OTTAMAVULLATHIL
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court