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2018 Supreme(Online)(KER) 66589

HIGH COURT OF KERALA
SHAJI P.CHALY, J
NANCY SHAJI – Appellant
Versus
COMMISSIONER OF LAND REVENUE – Respondent


JUDGMENT

This writ petition is filed by the petitioner seeking to quash Exts.P3 and P4, whereby recovery action is initiated against the property purchased by the petitioner on account of certain revenue dues from the predecessor-in-interest of title of the property. Material facts for the disposal of the writ petition are as follows:

2. Petitioner has purchased a small plot in the year

2003 from one Rakhi as per Ext.P1 Sale deed. When the petitioner approached the Village Officer for payment of land tax of the property, it was refused as per Ext.P3 endorsement, stating that revenue recovery proceedings are pending against the 6th respondent viz., one K.S. Varghese, charged upon the said property. According to the petitioner, later, as per the direction of the District Collector, petitioner was permitted to pay the land tax. But the tax receipt was issued by making an endorsement of revenue recovery initiated against the 6th respondent. It is also stated that, the recovery proceedings were initiated on 09.11.2007, much after the purchase of the land by the petitioner in the year 2003. According to the petitioner, petitioner is innocent in the subject matter, since she is a bonafide p

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