Rasheed vs Tahsildar

Type Court Judgment Court Kerala Decided Nov 21, 2023

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Citation: sooperkanoon.com/1405343
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Nov 21, 2023
Case Number: WP(C)/37762/2023

Parties & Advocates

Appellant / Petitioner

Rasheed

Respondent

Tahsildar

Excerpt

.....i allow this writ petition directing the petitioner to remit rs.1,50,000/- to the learned family court, tirur, under intimation to the 1st respondent, on or before 20.12.2023. if this is done, then he will be allowed by the 1st respondent to pay off the balance amount in 10 equal monthly instalments commencing from 15.01.2024, which also he shall remit to the learned family court. needless to say, if the petitioner continues to pay as afore, then the revenue recovery action against him shall stand deferred and will be finally terminated. but if he is to commit default of either the 1st direction, or any of the two instalments thereafter, the benefit of thisjudgment will be lost to him and the 1st respondent will be obligated tocontinue with further recovery for the balance amount, without having to obtain any other orders from this court. it goes without saying that, as and when deposits are made in terms of the afore directions before the family court, the party respondents will be at liberty to approach it for disbursement, which shall be allowed without any avoidable delay. sd/- devan ramachandran judge mc/21.11 wp(c) no. 37762 of 2023 4 appendix of wp(c) 37762/2023 petitioner exhibits exhibit p1 true copy of petition in cmp (ex.) 95/2022 in mc 288/2016 on the file of family court, tirur dated 31.01.2022 exhibit p2 true copy of notice dated 11.07.2022 in cmp (ex.) 95/2022 in mc 288/2016 on the file of family court tirur exhibit p3 true copy of petition dated 11.09.2023 filed by the petitioner in cmp (ex.) family court, tirur exhibit p4 true copy of the demand notice dated 18.09.2023 issued by the 1st respondent exhibit p5 true copy of the representation dated 27.10.2023 submitted by petitioner's wife before the 1st respondent

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 21ST DAY OF NOVEMBER 2023 / 30TH KARTHIKA, 1945 WP(C) NO. 37762 OF 2023 PETITIONER: RASHEED AGED 46 YEARS S/O.MOIDEENKUTTY, R/AT PALAKKAL HOUSE, KOLAMANGALAM AMSOM DESOM, VALANCHERY POST, KATIPARUTHI, TIRUR TALUK MALAPPURAM, PIN - 676552 BY ADVS. K.JAYESH MOHANKUMAR PUSHPARAJAN KODOTH VANDANA MENON VIMAL VIJAY RESPONDENTS:
1 TAHSILDAR TIRUR TALUK, MALAPPURAM, PIN - 676101 2 HAFSATH AGED 38 YEARS D/O.ALLIKUTTY @ SAIDALIKUTTY, KALLUVETTUKUZHIYIL HOUSE, KARIPOL P.O., AATHAVANAD, TIRUR TALUK, MALAPPURAM, PIN - 676552 3 SHAHAN ISMAIL AGED 19 YEARS S/O.ASHEED, KALLUVETTUKUZHIYIL HOUSE, KARIPOL P.O, AATHAVANAD, TIRUR TALUK, MALAPPURAM, PIN - 676552 4 SAIEED MISHAL (MINOR) AGED 16 YEARS S/O.RASHEED KALLUVETTUKUZHIYIL HOUSE, KARIPOL P.O, 5 RESHA (MINOR) AGED 8 YEARS D/O.RASHEED KALLUVETTUKUZHIYIL HOUSE, KARIPOL P.O, SMT.ANJANA KANNATH SRI.SUNIL KUMAR KURIAKOE - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 37762 OF 2023 2

JUDGMENT

The petitioner impugns Ext.P4 Revenue Recovery notice, whereby, he has been demanded to pay an amount of Rs.7,35,000/-, which is the arrears of maintenance that he was ordered to pay by the competent Family Court in M.C.No.288 of 2016.

2. Pertinently Sri.Jayesh Mohankumar K. - learned counsel

appearing for the petitioner, did not contest his client’s liability, or the amount mentioned in the impugned order; but prayed that he be allowed to repay the same in 10 equal monthly instalments, adding that, out of the said amount, Rs.45,000/- has already been remitted.

3. Smt.Anjana Kannath - learned counsel appearing for the party

respondents, on the other hand, submitted that her clients are now suffering immensely because of the failure of the petitioner to comply with the directions of the Family Court; and hence prayed that unless he pays a minimum of Rs.2 lakhs upfront, his request for instalments may not be granted.

4. I have considered the afore rival submissions and find that

request of the party respondents to be deserving of being granted. However, since the petitioner says that he has already paid Rs.45,000/-, I deem it appropriate to order the upfront payment to be Rs.1,50,000/-. WP(C) NO. 37762 OF 2023 3 In the afore circumstances, I allow this writ petition directing the petitioner to remit Rs.1,50,000/- to the learned Family Court, Tirur, under intimation to the 1st respondent, on or before 20.12.2023. If this is done, then he will be allowed by the 1st respondent to pay off the balance amount in 10 equal monthly instalments commencing from 15.01.2024, which also he shall remit to the learned Family Court. Needless to say, if the petitioner continues to pay as afore, then the Revenue Recovery action against him shall stand deferred and will be finally terminated. But if he is to commit default of either the 1st direction, or any of the two instalments thereafter, the benefit of this

judgment will be lost to him and the 1st respondent will be obligated to

continue with further recovery for the balance amount, without having to obtain any other orders from this Court. It goes without saying that, as and when deposits are made in terms of the afore directions before the Family Court, the party respondents will be at liberty to approach it for disbursement, which shall be allowed without any avoidable delay. Sd/- DEVAN RAMACHANDRAN JUDGE MC/21.11 WP(C) NO. 37762 OF 2023 4 APPENDIX OF WP(C) 37762/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PETITION IN CMP (EX.) 95/2022 IN MC 288/2016 ON THE FILE OF FAMILY COURT, TIRUR DATED 31.01.2022 Exhibit P2 TRUE COPY OF NOTICE DATED 11.07.2022 IN CMP (EX.) 95/2022 IN MC 288/2016 ON THE FILE OF FAMILY COURT TIRUR Exhibit P3 TRUE COPY OF PETITION DATED 11.09.2023 FILED BY THE PETITIONER IN CMP (EX.) FAMILY COURT, TIRUR Exhibit P4 TRUE COPY OF THE DEMAND NOTICE DATED 18.09.2023 ISSUED BY THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 27.10.2023 SUBMITTED BY PETITIONER'S WIFE BEFORE THE 1ST RESPONDENT

Same Court & Year Kerala · 2023 Same Parties Rasheed vs Tahsildar Same Judge Honourable Mr. Justice Devan Ramachandran