Sheju P. K vs District Collector

Type Court Judgment Court Kerala Decided Jun 01, 2023

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https://sooperkanoon.com/case/1364021

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Citation: sooperkanoon.com/1364021
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Jun 01, 2023
Case Number: WP(C)/17728/2023

Parties & Advocates

Appellant / Petitioner

Sheju P. K

Respondent

District Collector

Excerpt

.....to proceed against the petitioner as well as his property as per exhibit p2, p3 notices.(2) to dispense with the filling of translation of vernacular documents.(3) grant such other reliefs as this hon'ble court may deem fit and proper in the facts and circumstances of the case.”[sic]2. the main grievance of the petitioner is that,when this court delivered ext.p1 judgment granting instalment facility when sarfaesi proceedings were initiated, the revenue recovery proceedings were initiated parallelly as evident by ext.p2. hence this writ petition is filed.3. heard the learned counsel appearing for the petitioner, the learned standing counsel appearing for the 2nd respondent and the learned government pleader.4. the counsel appearing for the petitionersubmitted that, as per ext.p1 judgment, this court imposed certain directions and the time to comply the directions are not over. in the meanwhile, recovery proceedings were initiated.5. after hearing both sides, i think there issome force in the argument of the petitioner. if the directions in ext.p1 judgment are complied, the revenue recovery proceedings also should be deferred. therefore, this writ petition is disposed of in the following manner: i. if the petitioner comply with the directions in the judgment dated 25.05.2023 in w.p.(c)no.16584/2023, further proceedings based on ext.p2 shall be deferred. ii. if there is any default on the side of the petitioner in complying with the conditions in ext.p1 judgment, the revenue recovery authorities can proceed in accordance with law. sd/- p.v.kunhikrishnan dm judge appendix of wp(c) 17728/2023 petitioner exhibits exhibit p1 true copy of the judgement in writ petititon (c) no. 16584/ 2023, dated 25/05/2023 exhibit p2 true copy of demand notice under section 7 of revenue recovery act issued by the 3rd respondent dated exhibit p3 true copy of the sale notice under section 34 of revenue recovery act issued by the 3rd respondent dated nil respondents exhibits : nil.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 PETITIONER: SHEJU P. K AGED 32 YEARS S/O SAHADEVAN VAIDYAR PATHINETTAM KANDAM, CHEDAYANKALAY, KANJICODE WEST, PALAKKAD, PIN - 678623 BY ADV M.R.SASITH RESPONDENTS: 1 DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION ROAD, PALAKKAD, PIN - 678001 2 THE AUTHORISED OFFICER UNION BANK OF INDIA, KANJICODE BRANCH, NEAR PRECOT LTD., KANJIKODE WEST P.O., PALAKKAD, PIN - 678623 3 DEPUTY TAHSILDAR (RR) UNION BANK OF INDIA, KANJICODE BRANCH, NEAR PRECOT LTD., KANJIKODE WEST P.O., PALAKKAD - 678623 BY ADV. SRI.B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
------------------------------ W.P.(C)No. 17728 of 2023 ---------------------------------------------- Dated this the 01st day of June, 2023

JUDGMENT

The above writ petition is filed with the following prayers: “(1) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents No 1 to 3 not to proceed against the petitioner as well as his property as per Exhibit P2, P3 notices.

(2) To dispense with the filling of translation of vernacular documents.

(3) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”[SIC]

2. The main grievance of the petitioner is that,

when this Court delivered Ext.P1 judgment granting instalment facility when SARFAESI proceedings were initiated, the revenue recovery proceedings were initiated parallelly as evident by Ext.P2. Hence this writ petition is filed.

3. Heard the learned counsel appearing for the petitioner, the learned Standing counsel appearing for the 2nd respondent and the learned Government Pleader.

4. The counsel appearing for the petitioner

submitted that, as per Ext.P1 judgment, this Court imposed certain directions and the time to comply the directions are not over. In the meanwhile, recovery proceedings were initiated.

5. After hearing both sides, I think there is

some force in the argument of the petitioner. If the directions in Ext.P1 judgment are complied, the revenue recovery proceedings also should be deferred. Therefore, this writ petition is disposed of in the following manner: i. If the petitioner comply with the directions in the judgment dated 25.05.2023 in W.P.(C)No.16584/2023, further proceedings based on Ext.P2 shall be deferred. ii. If there is any default on the side of the petitioner in complying with the conditions in Ext.P1 judgment, the revenue recovery authorities can proceed in accordance with law. Sd/- P.V.KUNHIKRISHNAN DM JUDGE APPENDIX OF WP(C) 17728/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGEMENT IN WRIT PETITITON (C) NO. 16584/ 2023, DATED 25/05/2023 EXHIBIT P2 TRUE COPY OF DEMAND NOTICE UNDER SECTION 7 OF REVENUE RECOVERY ACT ISSUED BY THE 3RD RESPONDENT DATED EXHIBIT P3 TRUE COPY OF THE SALE NOTICE UNDER SECTION 34 OF REVENUE RECOVERY ACT ISSUED BY THE 3RD RESPONDENT DATED NIL RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2023 Same Parties Sheju P. K vs District Collector Same Judge Honourable Mr. Justice P.V.Kunhikrishnan