Kerala High Court
Kerala Financial Corporation vs State Of Kerala on 20 October, 2020
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942
WP(C).No.21651 OF 2020(F)
PETITIONER:
KERALA FINANCIAL CORPORATION,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
TOMIN J. THACHANKARY, VELLAMBALAM,
THIRUVANANTHAPURAM.
BY ADV. BASANT BALAJI, SC, KFC
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR,
CIVIL STATION, KUDAPPANAKUNNU, MANNATHALA,
THIRUVANANTHAPURAM.
3 THE VILLAGE OFFICER,
VILLAGE OFFICE, SASTHAMANGALAM.
4 THE DEPUTY TAHSILDAR (R.R.),
KERALA FINANCIAL CORPORATION, VELLAYAMBALAM,
THIRUVANANTHAPURAM.
*ADDL. R5 HEERA SWISS TOWN OWNERS ASSOCIATION (HSTOA),
SASTHAMANGALAM, KANJIRAMPARA P.O.,
THIRUVANANTHAPURAM-695 030,
REPRESENTED BY ITS PRESIDENT,
JYOTHIKUMAR B., FLAT NO.4A, BLOCK NO.B,
HEERA SWISS TOWN, PIPINMOODU, SASTHAMANGALAM,
THIRUVANANTHAPURAM - 695 010.
*ADDL. R6 HEERA CONSTRUCTION COMPANY PVT. LTD.
HEERA PARK, M.P.AYYAPPAN ROAD,
VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.
REPRESENTED BY ITS MANAGING DIRECTOR.
*ADDL. R7 THE TAHSILDAR (LR),
TALUK OFFICE, THIRUVANANTHAPURAM - 695 023.
WP(C).No.21651 OF 2020(F)
2
* ADDL. R5 TO R7 ARE IMPLEADED AS PER ORDER DATED
20.10.2020 IN I.A.NO.1 OF 2020 IN W.P.(C)
NO.21651/2020.
**ADDL. R8 M.J.HARIPRASAD,
3B MAPLE LEAF, HEERA SWISS TOWN,
SASTHAMANGALAM, THIRUVANANTHAPRUAM.
* ADDL. R8 IS IMPLEADED AS PER ORDER DATED
20.10.2020 IN I.A.NO.2 OF 2020 IN W.P.(C)
NO.21651/2020.
BY ADVS. SRI.K.SASIKUMAR
SRI.S.ARAVIND
SRI.P.S.RAGHUKUMAR
SRI.RANJITH THAMPAN, ADDITIONAL AG
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.21651 OF 2020(F)
3
JUDGMENT
The Kerala Financial Corporation has filed this writ petition challenging the action of the District Collector in directing mutation.
2. The learned Additional Advocate General, Sri.Renjith Thampan, points out that as there is a dispute arising between the Public Sector Undertaking under the Government and the District Collector under the Government, it is only proper as held by the Apex Court and this Court in Chief Conservator of Forests, Government of A.P v. Collector [(2003) 3 SCC 472]; New India Assurance Co. Ltd. v. Shipping Corporation of India Ltd. [2003 (2) KLT 331], etc to have the matter resolved by a High - Powered Committee.
Therefore there shall be a direction to WP(C).No.21651 OF 2020(F) 4 the Chief Secretary to Government to constitute a High - Powered Committee with Secretary to Government - Finance Department, Secretary to Government - Revenue Department, the District Collector, Thiruvananthapuram as well as the Managing Director of Kerala Financial Corporation to resolve the issue.
The flat owners, who were impleaded as well as the association of Heera Construction Company Pvt. Ltd, would be free to take appropriate action in case they are aggrieved by the High - Powered Committee within a period of one month from the date of receipt of a copy of the judgment. Till then, further mutation shall not be done.
The writ petition is disposed of
accordingly. Sd/-
P.V.ASHA
JUDGE
ww
WP(C).No.21651 OF 2020(F)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE LOAN
AGREEMENT DTD 12.12.2011.
EXHIBIT P2 TRUE COPY OF THE REVENUE RECOVERY
REQUISITION DTD 12.02.2015 AND TYPES COPY OF THE SAME.
EXHIBIT P3 TRUE COPY OF THE NOTICE U/S.7 AND 34 OF THE REVENUE RECOVERY ACT.
EXHIBIT P4 TRUE COPY OF THE NOTICE U/S.37 OF THE R.R.ACT.
EXHIBIT P5 TRUE COPY OF THE LETTER DTD 08.09.2015 SENT BY THE PETITIONER TO THE COMPANY. EXHIBIT P6 TRUE COPY OF THE LETTER DTD 31.03.2015 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE LETTER DTD 15.10.2015 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P8 TRUE COPY OF THE LETTER DTD 24.07.2017 SENT BY THE PETITIONER TO THE BORROWER. EXHIBIT P9 TRUE COPY OF THE LETTER DTD 09.08.2017. EXHIBIT P10 TRUE COPY OF THE JUDGMENT DTD 05.11.2017 IN WPC NO.31362/2017 EXHIBIT P11 TRUE COPY OF THE LETTER DTD 20.06.2020 SENT TO THE PETITIONER.
EXHIBIT P12 TRUE COPY OF THE LETTER DTD 25.06.2020. EXHIBIT P13 TRUE COPY OF THE LETTER DTD 25.06.2020 SENT BY THE PETITIONER TO THE ASSOCIATION. EXHIBIT P14 TRUE COPY OF THE LETTER DTD 01.10.2020 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE LETTER DTD 06.10.2020 SENT TO THE 2ND RESPONDENT.