P.S.Sabir Vs. the Tahsildar (Revenue Recovery) - Court Judgment

SooperKanoon Citationsooperkanoon.com/1018179
CourtKerala High Court
Decided OnJul-12-2013
JudgeHONOURABLE MR.JUSTICE V.CHITAMBARESH
AppellantP.S.Sabir
RespondentThe Tahsildar (Revenue Recovery)
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice v.chitambaresh friday, the 12th day of july 2013 21st ashadha, 1935 wp(c).no. 14662 of 2013 (g) ---------------------------- petitioner: -------------------------- p.s.sabir, aged 2 years son of v.a.sayed, . 'ambalayil' house, vylathoor p.o. vadakekkad, chavakkad, thrissur district by advs.sri.g.hariharan sri.praveen.h. respondent(s): ---------------------------- 1. the tahsildar (revenue recovery) taluk office, chittur taluk, chittur palakkad district.67”2. the village officer, pattancherry village, chittur taluk palakkad district ”532. 3. the district collector, palakkad 67 001.4. the commercial tax officer, 2nd circle, palakkad ”001. by government pleader sri shaij raj this writ petition (civil) having been finally heard on 12-07-2013, the court on the same day delivered the following: wp(c).no. 14662 of 2013 (g) ---------------------------- appendix petitioner(s)' exhibits ext.p1: true copy of the document no.3827/2010 of sro, chittur executed in favour of the petitioner. ext.p2: true copy of teh order no.r1/5092/10(2) dated 09 06/2011 issued by the 1st respondent canceling exhibit p1 document. ext.p3: true copy of the communication dated 04 07/2012 issued by the 4th respondent addressed to the 1st respondent. ext.p4: true copy of the interim order made in wpc no.294/2013 dated 11 01/2013 ext.p5: true copy of the bank guarantee dated 18 01/2013 issued by m/s.dena bank, sulthanpett, palakkad addressed to the 1st respondent. respondent(s)' exhibits: nil /true copy/ p.a. to judge skv v.chitambaresh,j ------------------------------------- w.p.(c).no.14662 of 201.----------------------------------------- dated this the 12th day of july, 2013 judgment it is reported that a portion of the liability was discharged by availing the benefit under the amnesty scheme and the balance amount also paid subsequently. ext.p2 order annulling the sale transaction in favour of the petitioners on the ground that the assignor was a defaulter is therefore quashed.2. nothing prevents the respondents one and two in accepting the basic tax in relation to the property taken assignment of by the petitioners under such circumstances. the writ petition is disposed of. sd/- v.chitambaresh, judge. /true copy/ p.a. to judge skv
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 12TH DAY OF JULY 2013 21ST ASHADHA, 1935 WP(C).No. 14662 of 2013 (G) ---------------------------- PETITIONER: -------------------------- P.S.SABIR, AGED 2 YEARS SON OF V.A.SAYED, . 'AMBALAYIL' HOUSE, VYLATHOOR P.O. VADAKEKKAD, CHAVAKKAD, THRISSUR DISTRICT BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ---------------------------- 1. THE TAHSILDAR (REVENUE RECOVERY) TALUK OFFICE, CHITTUR TALUK, CHITTUR PALAKKAD DISTRICT.67”

2. THE VILLAGE OFFICER, PATTANCHERRY VILLAGE, CHITTUR TALUK PALAKKAD DISTRICT ”

532.

3. THE DISTRICT COLLECTOR, PALAKKAD 67 001.

4. THE COMMERCIAL TAX OFFICER, 2ND CIRCLE, PALAKKAD ”

001. BY GOVERNMENT PLEADER SRI SHAIJ RAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14662 of 2013 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS EXT.P1: TRUE COPY OF THE DOCUMENT NO.3827/2010 OF SRO, CHITTUR EXECUTED IN FAVOUR OF THE PETITIONER. EXT.P2: TRUE COPY OF TEH ORDER NO.R1/5092/10(2) DATED 09 06/2011 ISSUED BY THE 1ST RESPONDENT CANCELING EXHIBIT P1 DOCUMENT. EXT.P3: TRUE COPY OF THE COMMUNICATION DATED 04 07/2012 ISSUED BY THE 4TH RESPONDENT ADDRESSED TO THE 1ST RESPONDENT. EXT.P4: TRUE COPY OF THE INTERIM ORDER MADE IN WPC NO.294/2013 DATED 11 01/2013 EXT.P5: TRUE COPY OF THE BANK GUARANTEE DATED 18 01/2013 ISSUED BY M/S.DENA BANK, SULTHANPETT, PALAKKAD ADDRESSED TO THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE SKV V.CHITAMBARESH,J ------------------------------------- W.P.(C).No.14662 OF 201.----------------------------------------- Dated this the 12th day of July, 2013 JUDGMENT It is reported that a portion of the liability was discharged by availing the benefit under the Amnesty Scheme and the balance amount also paid subsequently. Ext.P2 order annulling the sale transaction in favour of the petitioners on the ground that the assignor was a defaulter is therefore quashed.

2. Nothing prevents the respondents one and two in accepting the basic tax in relation to the property taken assignment of by the petitioners under such circumstances. The Writ Petition is disposed of. Sd/- V.CHITAMBARESH, JUDGE. /True Copy/ P.A. To Judge SKV