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2025 Supreme(Online)(Ker) 58072
IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
ANCY M.H. – Appellant
Versus
DISTRICT COLLECTOR, IDUKKI DISTRICT – Respondent
WP(C) NO. 41062 OF 2022
For the Appellants/Petitioners: SRI.R.SREEHARI, SHRI.HAMZA A.V.
For the Respondents: GOVERNMENT PLEADER (TAXES)
The court found that without intent to act against the petitioner, no recovery proceedings under the Kerala Revenue Recovery Act could proceed against their properties.
Headnote:This writ petition seeks to restrain actions against movable and immovable properties under the Kerala Revenue Recovery Act, 1968. Proceedings were initiated against certain respondents, but no intention to proceed against the petitioner was reported. The court closed the petition on this basis. The main issue was whether the petitioner’s properties could be targeted despite pending recovery actions against others. The court reasoned that proceedings against the petitioner would not be justified if there was no intent to act against them. Consequently, the court ordered the writ petition's closure, confirming no actions would proceed against the petitioner’s properties.
| Table of Content |
|---|
| 1. petitioner seeks relief from revenue recovery actions. (Para 1) |
| 2. court observes procedural intent regarding recovery against the petitioner. (Para 2) |
JUDGMENT
The petitioner has approached this court seeking to restrain respondent Nos. 1 to 4, or other officials under them, from proceeding against the movable and immovable properties of the petitioner under the Kerala Revenue Recovery Act , 1968, on the basis of Exts. P3 to P8 demand notices.
2. The learned Government Pleader (Taxes), on instructions, submitted that the proceedings have been initiated against respondent Nos. 6 and 7 and that there is no intention to proceed against either the movable or immovable properties of the petitioner.
Recording the above submission, the writ petition is closed.
