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2026 Supreme(Online)(Ker) 30327

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bechu Kurian Thomas, J
Mohammad Ashraff M.G – Appellant
Versus
District Collector – Respondent
WP(C) NO. 16092 OF 2026



Advocates:
For the Appellants/Petitioners: Bejoy Joseph P.J., Govind G. Nair, Balu Tom, Bonny Benny
For the Respondents: Rajeev Jyothish George

When a formal objection to revenue recovery proceedings is pending before the competent authority, the court may direct an expeditious disposal of said objection and grant a temporary stay on coercive recovery measures until such decision is rendered.

Headnote:The petitioner challenged revenue recovery proceedings initiated for alleged rent arrears of Government property, contending that a formal objection filed before the District Collector remained unaddressed. The petitioner sought a stay on recovery actions pending the disposal of the representation. The Court, observing that the authority concerned had not yet acted upon the objection, determined that the matter should be resolved by the competent authority in a time-bound manner. The central issue was whether the revenue recovery proceedings should continue while a statutory representation against the liability remained pending. The Court reasoned that to ensure fairness and provide a legal remedy, it was necessary to direct the first respondent to consider the objection within a specified timeframe and maintain the status quo regarding coercive measures during this period. The writ petition is disposed of.

Table of Content
1. summary of facts involving pending revenue recovery objection. (Para 1)
2. court directs time-bound disposal of pending objections and stays recovery proceedings. (Para 2 , 3)

JUDGMENT

Petitioner claims to be the legal heir of Sri. K. A. Abdulla Haji, who was the managing partner of a firm by the name ‘Pallikara Timbers’. Petitioner alleges that revenue recovery proceedings have been initiated against him, without any basis, for recovery of alleged arrears of rent relating to a lease of Government property allegedly taken by his father. On receipt of Exhibit-P1 revenue recovery notice under Section 7 of the Kerala Revenue Recovery Act, 1968, petitioner submitted Exhibit-P2 objection before the first respondent. Petitioner further submitted that though the objection was filed on 24.03.2026, no orders have been passed, and instead, respondents are proceeding with the revenue recovery notice.

2. Having heard the learned counsel for the petitioner as well as the learned Government Pleader, I am of the view that this writ petition can be disposed of with a direction to consider and pass appropriate orders on Exhibit-P2 objection in a time bound manner.

3. Accordingly, there will be a direction to the first respondent to consider and pass appropriate orders on Exhibit-P2 objection filed by the petitioner, as expeditiously as possible, at any rate, within an outer period of one month from the date of receipt of a copy of this judgment. Till a decision is taken as directed above, coercive proceedings pursuant to Exhibit-P1 will be kept in abeyance.

The writ petition is disposed of.

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