Dismissed

Biju Mon P.M v. State of Kerala

Kerala HC8 Apr 2025WP(C)/12664/2025

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a writ petition challenging a notice of sale of immovable property issued under the Kerala Revenue Recovery Act. The petitioners sought to declare the proceedings arbitrary but failed to demonstrate bona fides by depositing any amount despite being asked to do so.

What did the court decide?

The writ petition was dismissed with no relief granted to the petitioner.

Biju Mon P.M Vs State of Kerala — Property and Title | Kerala HC (2025)

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WP(C) NO. 12664 OF 2025

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2025:KER:30306

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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 BECHU KURIAN THOMAS

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TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947

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WP(C) NO. 12664 OF 2025

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PETITIONER(S):

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BIJU MON P.M., AGED 51 YEARS
S/O LAKSHMI, PUTHANANGADI, VARANAM P.O.,
ALAPPUZHA DISTRICT, PIN – 688 555.

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BY ADVS.
NAVANEETH.N.NATH
ABHIRAMI S.
ABDUL LATHEEF P.M.

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RESPONDENT(S):

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1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, ROOM NO.202, NORTH SANDWICH BLOCK, SECRETAIRATE THIRUVANATHAPURAM, PIN – 695 001.

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2 SALE TAX OFFICE, INSIDE MINI CIVIL STATION, NEAR GOVT HOSPITAL ROAD, CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN – 688 524.

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3THAHASILDAR
MINI CIVIL STATION, CHERTHALA
ALAPPUZHA, PIN – 688 524.

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DR.THUSHARA JAMES, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12664 OF 2025

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2025:KER:30306

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BECHU KURIAN THOMAS, J.

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......….............................................

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W.P.(C) No.12664 of 2025

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…................................................

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Dated this the 8^th day of April, 2025

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JUDGMENT

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Petitioner challenges Ext.P1 notice of sale of immovable property.

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Petitioner is a proprietor of an establishment by name ‘New Kerala Tiles’. The business of the said establishment is stated to have ceased operations with effect from 2014. According to the petitioner, there are no outstanding liabilities. In the meantime petitioner was served with Ext.P1 notice of sale of immovable property. Petitioner has challenged the aforesaid notice and seeks a declaration that the revenue recovery proceeding, without disclosing the basis of the alleged liability, is arbitrary and mala fide.

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Smt.Thushara James, the learned Senior Government Pleader, upon instructions, submitted that, revenue recovery proceedings were initiated for the assessment year 2014-2015, 2015-2016, and 2016-2017 and that out of the four requisitions three had been written off and one requisition remains due. Subsequent to revenue recovery proceedings initiated, the total dues including interest that remains to be paid by the petitioner is Rs.7,29,487/-. The auction of the property was scheduled on 28.03.2025, and a notice under Section 49 of the Kerala Revenue Recovery Act, 1968;

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WP(C) NO. 12664 OF 2025

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2025:KER:30306

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was duly served on the petitioner.

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When the mater came up for consideration earlier, the petitioner was asked to show his bona fides by depositing some amount. However, it is submitted that the petitioner was unable to deposit any amount.

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Since the revenue recovery proceedings have reached the stage of sale and as the petitioner has not been able to show his bona fides in defending the revenue recovery proceedings, I am of the view that no relief can be granted to the petitioner in this writ petition.

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Accordingly, I find no merit in this writ petition and it is dismissed.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

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AMV/08/04/2025

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WP(C) NO. 12664 OF 2025

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2025:KER:30306

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APPENDIX OF WP(C) 12664/2025

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PETITIONER EXHIBITS

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EXHIBIT P1A TRUE COPY OF THE REVENUE RECOVERY NOTICE
ISSUED BY 3RD RESPONDENT
EXHIBIT P2A TRUE COPY OF THE REPRESENTATION FILED BY
THE PETITIONER BEFORE 3RD RESPONDENT DATED
21.03.2025
EXHIBIT P3A TRUE COPY OF THE REPRESENTATION SEND BY
PETITIONER TO 2ND RESPONDENT DATED 24.03.2025

Biju Mon P.M v. State of Kerala

Case brief

What is this about?

What did the court decide?

Biju Mon P.M v. State of Kerala

Case brief

What is this about?

What did the court decide?

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