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2023 Supreme(Online)(Ker) 74168

KERALA HIGH COURT
, J
Parama Sivan T. v. Guruvayur Devaswom Board


Table of Content
1. facts regarding the revenue recovery case. (Para 1 , 2)
2. arguments surrounding the legality of the recovery notice. (Para 4 , 5)
3. court's reasoning on limitation and trustee duties. (Para 6 , 7 , 8 , 9 , 11 , 12 , 13)
4. final ruling on the petition. (Para 10)

1. Guruvayur Devaswom Managing Committee, the 1st respondent herein, tendered the right to conduct "pay and use comfort station" on the east - nada of Sree Guruvayoorappan Temple during the period from 01.08.2013 to 31.07.2014. The petitioner offered an amount of Rs.11,11,111/-. He deposited Rs.50,000/- as earnest money deposit. He was the highest bidder. He, however, retracted stating that he fell ill immediately after submission of the quotation. The 1st respondent therefore forfeited his earnest money deposit and the right was re - tendered. The highest bidder quoted only Rs.5,33,334/-. Therefore, the 1st respondent sustained a loss of Rs.4,83,334/-. On the request of the 1st respondent, revenue recovery proceedings was initiated for realisation of Rs.5,47,446/-, which includes that amount of loss and the additional charges. Ext.P6 is the recovery notice issued under S.7 of the Revenue Recovery Act , 196
















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