Mohanan vs. The State Of Kerala
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH FRIDAY, THE 22ND DAY OF MARCH 2024 / 2ND CHAITHRA, 1946 W.P.(C) NO.11155 OF 2024 PETITIONER: MOHANAN, AGED 63 YEARS, S/O. KRISHNAN, RESIDING AT PATTERI VALAPPIL HOUSE, ALAMKODE P.O., MALAPPURAM, PIN-679 585. BY ADVS. K.R.AVINASH (KUNNATH) ABDUL RAOOF PALLIPATH E.MOHAMMED SHAFI PRAJIT RATNAKARAN KRISHNAPRIYA R. RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN-695 001. 2 THE DISTRICT COLLECTOR, MALAPPURAM COLLECTORETE, CIVIL STATION - MALAPPURAM, UP-HILL P.O., MALAPPURAM, PIN-676 505. 3 THE TAHSILDAR, PONNANI, TALUK OFFICE - PONNANI, CIVIL STATION, PONNANI NAGARAM.P.O., MALAPPURAM DIST, PIN-679 583. 4 THE VILLAGE OFFICER, ALAMCODE, VILLAGE OFFICE - ALAMCODE, ALAMCODE P.O., MALAPPURAM DIST, PIN-679 585. 5 STATE TAX OFFICER, PATTAMBI OFFICE OF THE STATE GOODS AND SERVICES TAX DEPARTMENT, PATTAMBI P.O., CHERPULASSERY RD, PALAKKAD DIST, PIN-679 303. -2- W.P.(C) NO.11155 OF 2024 6 RADHAKRISHNAN, AGED 52 YEARS, S/O. KRISHNAN, RESIDING AT PATTERI VALAPPIL HOUSE, NANNAMMUKKU P.O., CAHNGARAMKULAM, MOOKKUTHALA, MALAPPURAM DIST, PIN-679 574. 7 HARIDASAN, AGED 58 YEARS, S/O. KRISHANAN, RESIDING AT PATTERI VALAPPIL HOUSE, NANNAMMUKKU.P.O, CAHNGARAMKULAM, MOOKKUTHALA, MALAPPURAM DIST, PIN-679 574. R1-R5 SMT. JASMIN M.M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-3- W.P.(C) NO.11155 OF 2024 JUDGMENT Dated this the 22nd day of March, 2024 The present writ petition has been filed impugning the revenue recovery proceedings in Exts.P5 and P7 against the property to an extent of 0.2590 Hectares (64 cents) comprised in Survey No.227 in Alamkode Village of Ponnani Taluk in Malappuram District. Admittedly, the said property is in the joint ownership of the petitioner and his brothers, who are respondents 6 and 7 in the present writ petition. Respondents 6 and 7 are in arrears of sale tax dues to the extent of 29 Crores.
The learned counsel for the petitioner submitted that the petitioner has filed a partition suit in O.S. No.31 of 2023 before the Court of Munsiff Magistrate, District Court, Ponnani. However, no interim injunction has been granted in favour of the petitioner. The prayer in effect in the writ petition is to grant him an injunction against the revenue authorities for proceeding against the property in question. This Court finds that this writ petition is untenable, for the prayer made. This Court is not exercising juri iction to
-4- W.P.(C) NO.11155 OF 2024 decide the civil suit. The learned counsel for the petitioner has also been unable to point out any right in him for filing the representation before the District Collector in the State Government against the revenue recovery notices and therefore, no such direction has made by the learned counsel for the petitioner that deciding the representation can be granted by this Court in exercising extra ordinary juri iction under Article 226 of the Constitution of India inasmuch as there is no corresponding duty on the authorities to consider the representation made by the petitioner. In view thereof, I find no substance in this writ petition, which is hereby dismissed; however, without cost. DINESH KUMAR SINGH JUDGE bpr
-5- W.P.(C) NO.11155 OF 2024 APPENDIX OF WP(C) 11155/2024 PETITIONER'S EXHIBITS Exhibit P1 THEOF THE SALE DEED DATED 16.08.2008 EXECUTED BY MR. ABOOBACKER Exhibit P2 THEOF THE PROPERTY TAX RECEIPT DATED 20.02.2023 OF BUILDING NO: 691/B OF WARD NO: 17 ISSUED BY ALAMKODE GRAMA PANCHAYATH Exhibit P3 THEOF THE PROPERTY TAX RECEIPT DATED 20.02.2023 OF BUILDING NO: 691/A OF WARD NO: 17 ISSUED BY ALAMKODE GRAMA PANCHAYATH Exhibit P4 THEOF THE PLAINT IN O.S. NO 31/2023 PENDING BEFORE THE MUNSIFF - MAGISTRATE COURT PONNANI Exhibit P5 THEOF THE NOTICE OF SALE OF IMMOVABLE PROPERTY WITH NO: E2-7045/2019 DATED 13.01.2023 ISSUED BY THE TAHSILDAR -PONNANI Exhibit P6 THEOF THE REQUEST DATED 17.01.2023 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR - MALAPPURAM AND THE TAHSILDAR - PONNANI Exhibit P7 THEOF THE NOTICE WITH REFERENCE
NO:
E2-7045/2019
DATED 05.02.2024 OF THE TAHSILDAR - PONNANI Exhibit P8 THEOF THE JUDGMENT DATED 09.02.2024 IN WPC- 6232/2023 OF THE HONORABLE HIGH COURT OF KERALA Exhibit P9 THEOF THE REPRESENTATION DATED 15.02.2024 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY DEPARTMENT REVENUE AND THE DISTRICT COLLECTOR - MALAPPURAM AS WELL AS THE STATE TAX OFFICER - PATTAMBI IN THE OFFICE OF THE STATE GOODS AND SERVICES TAX DEPARTMENT
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.