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2025 Supreme(Online)(Ker) 58807

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
M/S BAVA REALTORS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.LAL K.JOSEPH, SRI.P.MURALEEDHARAN, SMT.T.A.LUXY, SRI.SURESH SUKUMAR, SRI.ANZIL SALIM, SRI.SANJAY SELLEN, SRI.AKASH GEORGE, SMT.SONIA SHIBU, SMT.AAMINA RAFEEK
For the Respondents: SRI.K.P.HARISH, SRI.P.C.ANIL KUMAR

Table of Content
1. challenge to revenue recovery notices. (Para 1 , 2 , 3)
2. arguments on procedural justice and statutory interpretation. (Para 4 , 5 , 6 , 7 , 8)
3. court's observation on legal frameworks. (Para 9 , 10)
4. final judgment of dismissal. (Para 11)

Dated this the 18th day of December, 2025 Syam Kumar V.M., J.

This appeal is filed challenging the judgment dated 18.11.2024 of the learned Single Judge in W.P.(C) No.31573 of 2024.

Appellants were the petitioners in the W.P.(C).

2. Appellants in the W.P.(C) challenged the revenue recovery notices issued against them. They had entered into a Scheme with the 4th respondent Kerala State Financial Enterprises Ltd. (KSFE) in a chitty for a duration of 50 months commencing from 17.01.2020. During Covid 19 period, they were not able to effect repayment of chitty instalments. Pursuant to their default, a notice was served upon them under Section 34 of the Kerala Revenue Recovery Act , 1968 (hereinafter referred to as 'the RR Act'). They would contend that the same had been issued without determining the amounts due under Section 64 of the Chit Funds Act , 1982. They filed the W.P.(C) seeking to quash the notices issued under Sections

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