Disposed

Madhusoodhanan Pm v. State of Kerala

Kerala HC12 Jan 2023WP(C)/588/2023

Case brief

AI extract

What is this about?

The High Court at Ernakulam disposed of a writ petition arising from revenue recovery proceedings linked to a motor accident claim. The court directed the District Collector to decide the petitioner's application for cancellation of recovery proceedings within 45 days.

What did the court decide?

Direction to Respondent No. 2 (District Collector) to decide the petitioner's application dated 3.1.2023 within 45 days.

Madhusoodhanan Pm Vs State of Kerala — Property and Title | 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 AMIT RAWAL

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THURSDAY, THE 12^TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944

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WP(C) NO. 588 OF 2023

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PETITIONER/S:

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MADHUSOODHANAN PM, S/O MADHAVAN AGED 64 YEARS PUTHENPURAYIL HOUSE, KALIYAR PO, VANNAPURAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 685552

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BY ADVS. ALEXANDER JOSEPH AKHILASREE BHASKARAN ANTONY NIKHIL REMELO

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVT. SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001

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2 THE DISTRICT COLLECTOR IDUKKI DISTRICT, COLLECTERATE, PAINAV PO, IDUKKI, PIN - 685603

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3 THE TAHSILDAR (GENERAL) TALUK OFFICE, MINI CIVIL STATION, THODUPUZHA P.O, IDUKKI, PIN - 685584

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4 THE DEPUTY TAHSILDAR, (R R ) TALUK OFFICE, MINI CIVIL STATION, THODUPUZHA P.O, IDUKKI, PIN - 685584

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5 THE VILLAGE OFFICER VANNAPURAM VILLAGE, VANNAPURAM P. O THODUPUZHA, IDUKKI, PIN – 685582

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WP(C) NO. 588 OF 2023

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6 THE SUB REGISTRAR SUB REGISTRY OFFICE, KARIKKODE , THODUPUZHA, THODUPUZHA EAST P.O. IDUKKI, PIN - 685585 7 THE DEPUTY DIRECTOR OF PANCHAYAT'S OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYAT'S , IDUKKI DISTRICT. THODUPUZHA P. O, IDUKKI, PIN - 685069 8 THE SECRETARY SENAPATHY GRAMA PANCHAYAT, SENAPATHY P.O , IDUKKI, PIN – 685619 SRI. SUNIL KURIAKOSE GP SC PANCHAYAT, JOMY K. JOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 588 OF 2023

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JUDGMENT

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The grievance of the petitioner in nutshell is that on account of having been successful in respect of the proceedings arisen out of fixing the liability upon the petitioner to pay the arrears to the legal heirs under the Motor Accident Claims Tribunal, prior there to a notice of attachment dated 30.1.2017 Ext.P3 from the Deputy Tahsildar had already been issued. A request was submitted vide Ext.P7 to the authorities for cancellation of the order of the Tahsildar. But it was replied that the District Collector, who would be the competent authority. Accordingly, request Ext.P9 dated 3.1.2023 has been submitted to the District Collector and submits that the petitioner would be satisfied in case the writ petition is disposed of with a direction to the District Collector for consideration of the application.

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Issue notice before admission. Learned Government Pleader appeared for the respondents.

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Noticing the facts that the petitioner has been successful in the proceedings and had issued encumbrance certificate on 26.9.2022 but recovery certificate was issued and a request has been submitted to the District Collector for cancellation of the revenue recovery proceedings, I dispose of the writ petition by issuing directions to the respondent No.2 to decide the application

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WP(C) NO. 588 OF 2023

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Ext.P9 dated 3.1.2023 as expeditiously as possible, within a period of 45 days from the date of receipt of a certified copy of this judgment.

Sd/-

sab

AMIT RAWAL

JUDGE

WP(C) NO. 588 OF 2023

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APPENDIX OF WP(C) 588/2023

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE JUDGMENT DATED 12.08.2013 IN MACA NO. 540/2013 OF THE HON'BLE HIGH COURT OF KERALA
Exhibit P2	TRUE COPY OF THE ORDER NO. C 4 3729/2015 DATED 13.01.2016 OF THE 7TH RESPONDENT
Exhibit P2(a)	TRUE ENGLISH TRANSLATION OF EXHIBIT P2
Exhibit P3	TRUE COPY OF THE NOTICE NO B7-8955/2016 DATED 30.01.2017 OF THE 4TH RESPONDENT TO THE PETITIONER
Exhibit P3(a)	TRUE ENGLISH TRANSLATION OF EXHIBIT P3
Exhibit P4	TRUE COPY OF THE ORDER DATED 29.06.2017 IN O.A NO. 1082/2016 OF THE KAT THIRUVANANTHAPURAM
Exhibit P5	TRUE COPY OF THE ORDER NO G.O (RT) NO 3256/2018/ LSGT DATED 28.12.2018 OF THE 1ST RESPONDENT
Exhibit P5(a)	TRUE ENGLISH TRANSLATION OF EXHIBIT P5
Exhibit P6	TRUE COPY OF THE ORDER DATED 20.09.2022 IN OA NO. 528/2019 OF THE KAT THIRUVANANTHAPURAM
Exhibit P7	TRUE COPY OF THE APPLICATION DATED 24.09.2022 OF THE PETITIONER TO THE 3RD RESPONDENT
Exhibit P7(a)	TRUE ENGLISH TRANSLATION OF EXHIBIT P7
Exhibit P8	TRUE COPY OF THE NOTICE NO B7-8955/2016 DATED 12.10.2022 OF THE 3RD RESPONDENT TO THE PETITIONER
Exhibit P8(a)	TRUE ENGLISH TRANSLATION OF EXHIBIT P8
Exhibit P9	TRUE COPY OF THE APPLICATION DATED 03.01.2023 OF THE PETITIONER TO THE 2ND RESPONDENT

Madhusoodhanan Pm v. State of Kerala

Case brief

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Madhusoodhanan Pm v. State of Kerala

Case brief

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