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2026 Supreme(Online)(Ker) 6743

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
CHURCH OF SOUTH INDIA TRUST ASSOCIATION – Appellant
Versus
THE DISTRICT COLLECTOR, KOLLAM – Respondent
WP(C) NO. 210 OF 2023



Advocates:
For the Appellants/Petitioners: ADV. SAJI MATHEW
For the Respondents: SMT. DEVI SHRI R.

The Court determined that the revenue recovery proceedings against the petitioner were improperly initiated and recalled them.

Headnote:The petitioner challenges revenue recovery proceedings under the Revenue Recovery Act stemming from an award in O.P.(MV) No.1751 of 2005. The Court found that the proceedings against the petitioner are recalled as per a tribunal's order. The final outcome resulted in the closure of the writ petition since no further issues remained.

Table of Content
1. challenges against proceedings initiated under revenue recovery. (Para 1 , 2)
2. statements recorded that revenue recovery proceedings stand recalled. (Para 3 , 4)

JUDGMENT

The petitioner challenges Exts.P2 and P3 revenue recovery proceedings initiated under the provisions of the Revenue Recovery Act , following an award passed in O.P.(MV) No.1751 of 2005 by the Motor Accidents Claims Tribunal, Thrissur.

2. In view of the contentions raised by the petitioner in this writ petition, this Court had passed the following order on 13.01.2026:-

“Respondent is directed to file a statement as to how a requisition could have been made pursuant to Ext.P5 award, which was against the first respondent, the Secretary, CSI Hospital, Punnakadu, Via Kozhenchery; whereas Exts.P3 and P4 are the requisitions against other persons. A statement shall be filed within three weeks from today. Post on 03.02.2026 in the disposal list.”

3. Pursuant to the above, a statement has been filed which reads as follows:-

“3. It is submitted that the defaulter submitted a request in this office on 05.12.2022. As per the letter, the defaulter argued that as per Judgement, dated 06.06.2014, passed by Honourable MACT. Thrissur in the OPMV No. 1751/2005, where the 1st respondent is the Secretary, CSI Hospital, Punnakadu, Kozhenchery relating to a motor vehicle accident involving a vehicle (Ambulance) No. KL3/7452, allegedly registered in the name of Secretary, CS1 Hospital, Punnakadu, Kozhenchery. The defaulter requested to lift the attachment order against the property of the above reason. A reply was sent to the defaulter from this office on 03.01.2023 to submit the details before the Honourable MACT, Thrissur and obtain a withdrawal/recalled order of requisition from the requisition authority to stop further Revenue Recovery Proceedings.

4. It is submitted that as per letter no.D 5810/2013 dated 28.3.2023 trom the Honourable MACT, Thrissur, it was informed that as per the order in EP 335/2016 OP(MV) No. 1751/2005, dated. 27.03.2023 of this Tribunal, Revenue Recovery Proceedings against the Judgment Debtor (The Secretary, CSI Mission Hospital, Chinnakkada, Kollam, PIN-691 001) is recalled. Hence this office withdrawn the attachments against C.S.I. Association in Form14 of K.R.R ActSection 42, dated 11.5.2023, vide no.D4/2018/1271/08 and there is noRevenue Recovery Action in this regard.”

4. The above statements are recorded.

In view of the above statements, which record that the revenue recovery proceedings initiated against the petitioner stand recalled, nothing further remains to be considered in the writ petition, and the same is closed.

Sd/-

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