Kerala High Court
Shameeda Nassar vs The Special Thahasildar (Revenue ... on 27 November, 2020
Author: P.V.Asha
Bench: P.V.Asha
WP(C).No.26326 OF 2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 27TH DAY OF NOVEMBER 2020 / 6TH AGRAHAYANA, 1942
WP(C).No.26326 OF 2020(M)
PETITIONER/S:
SHAMEEDA NASSAR
AGED 49 YEARS
W/O. A.S.NASSER, RESIDING AT DOOR NO.CC 12/966 (NEW
NO.9/1015), PANAYAPALLY, THOPPUMPADY VILLAGE, KOCHI
TALUK, ERNAKULAM DISTRICT-682 005.
BY ADVS.
SRI.R.O.MUHAMED SHEMEEM
SMT.NASEEHA BEEGUM P.S.
RESPONDENT/S:
1 THE SPECIAL THAHASILDAR (REVENUE RECOVERY)
OFFICE OF THE SPECIAL THAHASILDAR, KOCHI, ERNAKULAM
DISTRICT, IN-682 001.
2 THE VILLAGE OFFICER, THOPPUMPADY VILLAGE OFFICE,
THOPPUMPADY, ERNAKULAM DISTRICT, PIN-682 001.
3 THE OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA,
COMPANY LAW BHAVAN, KAKKANAD ERNAKULAM-682 031
REPRESENTING THE VISHWAS CHITS AND INVESTMENTS PVT.
LTD. (IN LIQUIDATION).
4 FRANCIS, AGED 40 YEARS, S/O. C.F.JOHNSON, PERMANENT
RESIDENCE AT HOUSE NO.CC 12/962, CHUNGATH HOUSE,
RAMESWARAM VILLAG,E THOPPUMPADY, KOCHI-682 005.
5 DHANYA, AGED 35 YEARS, S/O. C.F.JOHNSON, PERMANENT
RESIDENCE AT HOUSE NO.CC 12/962, CHUNGATH HOUSE,
RAMESWARAM VILLAG, THOPPUMPADY, KOCHI-682 005.
OTHER PRESENT:
SMT.VINITHA.B.,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.26326 OF 2020
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JUDGMENT
Dated this the 27th day of November 2020 The Writ Petition is filed seeking the following reliefs:
I. Issue a writ of certiorari or any other appropriate writ order or direction calling for the records relating to Ext.P22 proceedings of 1st respondent and quash the same as illegal, improper, arbitrary and unconstitutional. II. Issue a writ of mandamus or any other appropriate wit order or direction commanding the 1st respondent to rehear Ext.P21 claim petition based on Ext.P20 judgment in par with P19 as mandated under law.
III. Issue a writ of mandamus or any other appropriate writ order of direction commanding the 1st respondent to proceed against Ext.P19 property to recover the defaulted amount as per Ext.P11, and P14 to P18 rather than Ext.P1 property to the sure the principle of equity and ends of justice.
IV. Declared that the 4th and 5th respondent and their assets including Ext.P19 are liable and accountable to meet the revenue recovery proceedings as per Ext.p11, and P14 to P18 as the legal heir of defaulter later Mr. C F Johnson to meets the ends of justice.
Learned counsel for the petitioner submits that he is ready to make the payment for which revenue recovery proceedings are initiated. The petitioner would be free to approach the 1 st respondent and to settle the matter. He will also be free to take appropriate action against respondents 4 and 5. The petitioner would be free to approach the appropriate authorities for redressal of his grievance.
Sd/-
P.V.ASHA rkc JUDGE WP(C).No.26326 OF 2020 3 APPENDIX OF WP(C) 26326/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1378/2014 OF KOCHI SUB REGISTRY OFFICE DATED 24.3.2014.
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 22.7.16.
EXHIBIT P3 TRUE COPY OF THE LOCATION SKETCH SHOWING THE LIE OF THE EXT-P1 PROPERTY.
EXHIBIT P4 TRUE COPY OF THE OF THE ENCUMBRANCE CERTIFICATE DATED 26.3.2014 COVERING THE PERIOD FROM 1.1.2000 TO 25.3.2014.
EXHIBIT P5 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 22.9.2014 COVERING THE PERIOD FROM 1.1.2014 TO 20.9.2014 EXHIBIT P6 TRUE COPY OF THE OF THE ENCUMBRANCE CERTIFICATE DATED 25.10.2014 COVERING THE PERIOD FROM 1.9.2014 TO 23.10.2014.
EXHIBIT P7 TRUE COPY OF THE BUILDING PERMIT OBTAINED BY THE PETITIONER FROM THE CORPORATION OF COCHIN, DATED 31.12.2014.
EXHIBIT P8 TRUE COY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE ASSISTANT ENGINEER, CORPORATION OF COCHIN DATED 11.9.2015.
EXHIBIT P9 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE CORPORATION OF COCHIN DATED 1.10.2015.
EXHIBIT P10 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 30.9.2015.
EXHIBIT P11 TRUE COPY OF THE NOTICE DATED 5.10.2016 ISSUED BY THE IST RESPONDENT TO THE PETITIONER.
EXHIBIT P12 TRUE COPY OF THE REPLY DATED 14.10.2016 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE REPLY DATED 15.11.2016 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.
WP(C).No.26326 OF 2020 4 EXHIBIT P14 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 23.8.2014, FOR RS.2,85,164/- ISSUED TO CF JOHNSON, FATHER OF 4TH AND 5TH RESPONDENTS BY THE IST RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 25.8.2014, FOR RS.3,44,806/- ISSUED TO CF JOHNSON, FATHER OF 4TH AND 5TH RESPONDENTS BY THE IST RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 25.8.2014, FOR RS.15,401/- ISSUED TO CF JOHNSON, FATHER OF 4TH AND 5TH RESPONDENTS BY THE IST RESPONDENT.
EXHIBIT P17 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 25.8.2014, FOR RS 3,91,389/- ISSUED TO CF JOHNSON, FATHER OF 4TH AND 5TH RESPONDENTS BY THE IST RESPONDENT.
EXHIBIT P18 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 25.8.2014, FOR RS.66,133/- ISSUED TO CF JOHNSON, FATHER OF 4TH AND 5TH RESPONDENTS BY THE IST RESPONDENT.
EXHIBIT P19 TRUE COPY OF THE SALE DEED NO.1810/2014 OF KOCHI SUB REGISTRY OFFICE.
EXHIBIT P20 TRUE COPY OF THE JUDGMENT DATED 31.5.2018 IN WPC NO.35380 OF 2017 AND WPC NO.35798 OF 2017.
EXHIBIT P21 TRUE COPY OF THE CLAIM PETITION DATED 30.6.2018 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.
EXHIBIT P22 TRUE COPY OF THE IMPUGNED PROCEEDING OF IST
RESPONDENTS DATED 26.8.2019,
NO.A6/1765/2014.