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2022 Supreme(Online)(KER) 46777

HIGH COURT OF KERALA
V. G. Arun, J
ANTONY CYRIAC – Appellant
Versus
DISTRICT COLLECTOR ALAPPUZHA – Respondent


Advocates:
JOBY CYRIAC, KURIAN K JOSE, K. AMMINIKUTTY, SR. GOVERNMENT PLEADER

JUDGMENT

Dated this the 11th day of October, 2022 The only point canvassed in this writ petition is that the 1st petitioner having submitted an objection against initiation of revenue recovery proceedings, the same is liable to be considered as mandated under Section 34 (2) of the Revenue Recovery Act , before continuing the proceedings. According to the petitioners, the revenue recovery notice was received only on 17.08.2022 and hence, the objection is filed within time.

2. Learned Government Pleader pointed out that the date shown in Ext.P2 is 02.08.2022 and the 1st petitioner was granted only ten days time to submit the objections.

3. In any event, the 1st petitioner having filed an objection, it is appropriate for the 2nd respondent to take up the objection and pass appropriate orders thereon.

The writ petition is hence disposed of, directing the 2nd respondent to consider Ext.P3 objection and take a decision thereon. To effectuate such consideration, the 1st petitioner shall appear before the 2nd respondent at 10.30.am. on 17.10.2022.

Sd/-

V.G.ARUN JUDGE NB/11-10 APPENDIX OF WP(C) 30789/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF DEMAND NOTICE ISSUED BY 2ND RESPONDENT BEARING

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