Disposed

Reji Kumar v. the District Collector

Kerala HC6 Nov 2023WP(C)/35536/2023

Case brief

AI extract

What is this about?

The Kerala High Court disposed of four connected writ petitions challenging Revenue Recovery Notices issued against the petitioner under the Recovery of Debtors Act. The Court held the suits against the award were not maintainable and granted the petitioner five monthly instalments to clear the liability, noting the Insurance Company could enforce recovery only upon default.

What did the court decide?

Time granted to discharge liability in five equal monthly instalments, with the first due by 10.12.2023; enforcement of Recovery Notices reserved pending default.

Reji Kumar Vs the District Collector — Banking and Recovery | Kerala HC (2023)

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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 DINESH KUMAR SINGH

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MONDAY, THE 6^TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945 WP(C) NO. 35536 OF 2023

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PETITIONER/S:

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REJI KUMAR AGED 46 YEARS S/O RAVI, THYCHIRAPPADEETTATHIL, THRIKKUNNAPUZHA, HARIPPAD, KARTHIKAPPALY TALUK, VALIYAPARAMBU P.O, ALAPUZHA DISTRICT, PIN - 690566

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BY ADVS. R.REJI M.V.THAMBAN ARUN BOSE THARA THAMBAN B.BIPIN

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR COLLECTORATE P.O, ALAPPUZHA, ALAPUZHA DISTRICT, PIN - 688001

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2 THE DEPUTY TAHASILDAR, (REVENUE RECOVERY) TALUK OFFICE, KARTHIKAPPALLY, ALAPPUZHA DISTRICT, PIN - 690516

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3 THE VILLAGE OFFICER THRIKKUNNAPUZHA VILLAGE OFFICE, VALIYAPARAMBU (PO), KARTHIKAPPALLY, ALAPPUZHA DISTRICT, PIN - 690566

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4 THE ORIENTAL INSURANCE CO. LTD. DIVISIONAL OFFICE, THIRUVALLA. REP. BY ITS DIVISIONAL MANAGER, PIN - 690513

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5 THE MANAGER (INSURER) , ORIENTAL INSURANCE CO. LTD., MICRO OFFICE, M/S. GOPAN

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W.P.(C) Nos. 35536, 35469, 35489, 35533/2023

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-2-

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AUTOMOBILE COMPLEX, NANGIARKULANGARA, HARIPAD, PIN - 690513

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OTHER PRESENT:

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JOBY JOSEPH-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.11.2023, ALONG WITH WP(C).35469/2023, 35489/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos. 35536, 35469, 35489, 35533/2023

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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 DINESH KUMAR SINGH MONDAY, THE 6^TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945 WP(C) NO. 35469 OF 2023

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PETITIONER/S:

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REJI KUMAR AGED 46 YEARS S/O RAVI, THYCHIRAPPADEETTATHIL, THRIKKUNNAPUZHA, HARIPPAD, KARTHIKAPPALY TALUK, VALIYAPARAMBU P.O, ALAPUZHA DISTRICT,, PIN - 690566

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BY ADVS. R.REJI M.V.THAMBAN THARA THAMBAN ARUN BOSE B.BIPIN

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR COLLECTORATE P.O, ALAPPUZHA, ALAPUZHA DISTRICT, PIN - 688001

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2 THE DEPUTY TAHASILDAR, (REVENUE RECOVERY) TALUK OFFICE, KARTHIKAPPALLY, ALAPPUZHA DISTRICT, PIN - 690516

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3 THE VILLAGE OFFICER THRIKKUNNAPUZHA VILLAGE OFFICE, VALIYAPARAMBU (PO), KARTHIKAPPALLY, ALAPPUZHA DISTRICT, PIN - 690566

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4 THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, THIRUVALLA. REP. BY ITS DIVISIONAL MANAGER., PIN - 690513

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W.P.(C) Nos. 35536, 35469, 35489, 35533/2023

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-4-

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5 THE MANAGER (INSURER) ORIENTAL INSURANCE CO. LTD., MICRO OFFICE, M/S. GOPAN AUTOMOBILE COMPLEX, NANGIARKULANGARA, HARIPAD,, PIN - 690513

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OTHER PRESENT:

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S.GOPINATHAN-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.11.2023, ALONG WITH WP(C).35536/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos. 35536, 35469, 35489, 35533/2023

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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 DINESH KUMAR SINGH MONDAY, THE 6^TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945 WP(C) NO. 35489 OF 2023

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PETITIONER/S:

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REJI KUMAR AGED 46 YEARS S/O RAVI, THYCHIRAPPADEETTATHIL, THRIKKUNNAPUZHA, HARIPPAD, KARTHIKAPPALY TALUK, VALIYAPARAMBU P.O, ALAPPUZHA DISTRICT,, PIN - 690566

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BY ADVS. R.REJI M.V.THAMBAN THARA THAMBAN B.BIPIN ARUN BOSE

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR, COLLECTORATE P.O, ALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688001

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2 THE DEPUTY TAHASILDAR, (REVENUE RECOVERY) TALUK OFFICE, KARTHIKAPPALLY, ALAPPUZHA DISTRICT, PIN - 690516

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3 THE VILLAGE OFFICER THRIKKUNNAPUZHA VILLAGE OFFICE, VALIYAPARAMBU (PO), KARTHIKAPPALLY, ALAPPUZHA DISTRICT, PIN - 690566

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4 THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, THIRUVALLA. REP. BY ITS DIVISIONAL MANAGER, PIN - 690513

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W.P.(C) Nos. 35536, 35469, 35489, 35533/2023

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-6-

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5 THE MANAGER (INSURER) ORIENTAL INSURANCE CO. LTD., MICRO OFFICE, M/S. GOPAN AUTOMOBILE COMPLEX, NANGIARKULANGARA, HARIPAD,, PIN - 690513

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OTHER PRESENT:

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S.GOPINATHAN-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.11.2023, ALONG WITH WP(C).35536/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos. 35536, 35469, 35489, 35533/2023

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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 DINESH KUMAR SINGH MONDAY, THE 6^TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945 WP(C) NO. 35533 OF 2023

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PETITIONER/S:

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REJI KUMAR AGED 46 YEARS S/O RAVI, THYCHIRAPPADEETTATHIL, THRIKKUNNAPUZHA, HARIPPAD, KARTHIKAPPALY TALUK, VALIYAPARAMBU P.O, ALAPPUZHA DISTRICT,, PIN - 690566

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BY ADVS. R.REJI THARA THAMBAN M.V.THAMBAN B.BIPIN ARUN BOSE

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR COLLECTORATE P.O, ALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688001

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2 THE DEPUTY TAHASILDAR, (REVENUE RECOVERY) TALUK OFFICE, KARTHIKAPPALLY, ALAPPUZHA DISTRICT, PIN - 690516

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3 THE VILLAGE OFFICER THRIKKUNNAPUZHA VILLAGE OFFICE, VALIYAPARAMBU (PO), KARTHIKAPPALLY, ALAPPUZHA DISTRICT, PIN - 690566

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4 THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, THIRUVALLA. REP. BY ITS DIVISIONAL MANAGER, PIN - 690513

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W.P.(C) Nos. 35536, 35469, 35489, 35533/2023

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-8-

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5 THE MANAGER (INSURER) ORIENTAL INSURANCE CO. LTD., MICRO OFFICE, M/S. GOPAN AUTOMOBILE COMPLEX, NANGIARKULANGARA, HARIPAD, PIN - 690513

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OTHER PRESENT:

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S.GOPINATHAN-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.11.2023, ALONG WITH WP(C).35536/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos. 35536, 35469, 35489, 35533/2023

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[WP(C) Nos.35536/2023, 35469/2023, 35489/2023, 35533/2023]

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The present writ petitions have been filed impugning the

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Revenue Recovery notices initiated pursuant to Exts.P1 to P4 in all the writ petitions.

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The petitioner was the 2^nd respondent in OP(MV) Nos.1079, 390, 392 and 1165/2014 on the files of the Additional

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Motor Accidents Claims Tribunal (for short, ‘the Tribunal’), Mavelikkara. The Tribunal, after taking evidence and hearing the parties, allowed the claim petitions, awarding a sum of Rs.1,67,518/- in OP(MV) No.1079/2014, Rs.19,472/- in OP(MV) No.390/2014, Rs.10,000/- in OP(MV) No.392/2014 and Rs.1,96,791/- in OP(MV) No.1165/2014 vide Ext.P1 Common Award dated 07.09.2018. The Tribunal had directed the respondent Insurance Company to pay the amount to the claimants as determined by the Award of the Tribunal and

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W.P.(C) Nos. 35536, 35469, 35489, 35533/2023

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recover the same from the petitioner.

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The petitioner has not only challenged the Award but also the Revenue Recovery notices issued to him in pursuance of the liberty granted by the Tribunal to the Insurance Company to recover the amount as awarded by the Tribunal. The writ petitions, so far as the Award of the Tribunal is concerned, are not maintainable and, therefore, are dismissed.

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At this stage, the learned Counsel for the petitioner submits that the petitioner is willing to discharge the liability of payment to the Insurance Company, along with interest, and the petitioner may be granted some time.

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Considering the said request of the learned Counsel for the petitioner, the petitioner is granted time to discharge the liability of all the recovery notices issued against him in pursuance of the Award of the Tribunal dated 07.09.2018 (Ext.P1) in five equal monthly instalments. The first

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W.P.(C) Nos. 35536, 35469, 35489, 35533/2023

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instalment is to be paid by the petitioner on or before 10.12.2023 , and the remaining four instalments on or before the 10^th day of each successive month. If the petitioner defaults in making payment of the first instalment or any subsequent instalments as directed, it will be open to the Insurance Company to enforce the impugned Revenue Recovery notices.

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With the aforesaid direction, the writ petitions stand disposed of.

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Sd/-

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DINESH KUMAR SINGH JUDGE

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jjj

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W.P.(C) Nos. 35536, 35469, 35489, 35533/2023

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APPENDIX OF WP(C) 35469/2023

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE COMMON AWARD DATED 7.9.2018 IN OP(MV) 1079/2014, 390/2014,392/2014, & 1165/2014
Exhibit P2	TRUE COPY OF I.A NO. 1470/2019 IN OP(MV) NO. 390/2014
Exhibit P3	TRUE COPY OF THE DEMAND NOTICE ISSUED U/S 7 OF THE REVENUE RECOVERY ACT, DATED 23.09.2023 ALONG WITH ENGLISH TRANSLATION
Exhibit P4	TRUE COPY OF THE DEMAND NOTICE ISSUED U/S 34 OF THE REVENUE RECOVERY ACT, DATED 23.09.2023 ALONG WITH ENGLISH TRANSLATION

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W.P.(C) Nos. 35536, 35469, 35489, 35533/2023

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APPENDIX OF WP(C) 35489/2023

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE COMMON AWARD DATED 7.9.2018 IN OP(MV) 1079/2014, 390/2014,392/2014, & 1165/2014 Exhibit P2 TRUE COPY OF I.A NO. 1473/2019 IN OP(MV) NO. 1165/2014 DATED NIL Exhibit P3 TRUE COPY OF THE DEMAND NOTICE ISSUED U/S 7 OF THE REVENUE RECOVERY ACT, DATED 23.09.2023 ALONG WITH ENGLISH TRANSLATION Exhibit P4 TRUE COPY OF THE DEMAND NOTICE ISSUED U/S 34 OF THE REVENUE RECOVERY ACT, DATED 23.09.2023 ALONG WITH ENGLISH TRANSLATION

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W.P.(C) Nos. 35536, 35469, 35489, 35533/2023

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APPENDIX OF WP(C) 35533/2023

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE COMMON AWARD DATED 7.9.2018 IN OP(MV) 1079/2014, 390/2014,392/2014, & 1165/2014 Exhibit P2 TRUE COPY OF I.A NO. 1472/2019 IN OP(MV) NO. 392/2014 DATED NIL Exhibit P3 TRUE COPY OF THE DEMAND NOTICE ISSUED U/S 7 OF THE REVENUE RECOVERY ACT, DATED 23.09.2023 ALONG WITH ENGLISH TRANSLATION Exhibit P4 TRUE COPY OF THE DEMAND NOTICE ISSUED U/S 34 OF THE REVENUE RECOVERY ACT, DATED 23.09.2023 ALONG WITH ENGLISH TRANSLATION

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W.P.(C) Nos. 35536, 35469, 35489, 35533/2023

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APPENDIX OF WP(C) 35536/2023

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE COMMON AWARD DATED 7.9.2018 IN OP(MV) 1079/2014, 390/2014,392/2014, & 1165/2014
Exhibit P2	TRUE COPY OF I.A NO. 1471/2019 IN OP(MV) NO. 1079/2014
Exhibit P3	TRUE COPY OF THE DEMAND NOTICE ISSUED U/S 7 OF THE REVENUE RECOVERY ACT, DATED 23.09.2023 ALONG WITH ENGLISH TRANSLATION
Exhibit P4	TRUE COPY OF THE DEMAND NOTICE ISSUED U/S 34 OF THE REVENUE RECOVERY ACT, DATED 23.09.2023 ALONG WITH ENGLISH TRANSLATION

Reji Kumar v. the District Collector

Case brief

What is this about?

What did the court decide?

Reji Kumar v. the District Collector

Case brief

What is this about?

What did the court decide?

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