BHAGEERATHY AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P6 notices of demand under Sections 7 and 34 of the Kerala Revenue Recovery Act, demanding an amount of Rs.4,31,555.00 with interest and collection charges from the petitioners, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioners are the legal heirs of late A.V. Rajagopalan, a retired Sub Registrar from the Registration Department on 31.03.2001. Sri. Rajagopalan expired on 13.09.2005. After 9 years of his retirement and 5 years of his death, Ext.P3 notice demanding Rs.12,555.00 plus other charges was served on the 1st petitioner and threatened her that if the amount is not remitted within 10 days, her family pension would be stopped. Accordingly, 1st petitioner remitted the said amount on 30.12010. On 28.02015, Ext.P6 notice addressed to the petitioners was received, asking them to remit an amount of Rs.4,31,555.00 along with interest and other charges. Contention of the petitioners is that, petitioners are not aware of any such proceedings pending against late Rajagopalan, and they were not issued with any notice prior to the issuance of Ext.P6. Petitioners are in dark about the reasons for issue of such a demand. However, petitioners could understand that Ext.P6 demand was issued as required by the 2nd respondent. Other contentions are raised by the petitioners in order to establish ignorance about Ext.P6 demand, which has even gone to the extent of stating that petitioners have no manner of liability against the State Government, in order to seek recovery under Ext.P6. It is thus seeking reliefs, this writ petition is filed by the petitioners.

(3.) Fourth respondent has filed a counter affidavit contending that it was on the basis of the requisition made by the District Registrar (General), Kollam, vide letter dated 17.12.2014, and also Revenue Recovery Certificate issued by the District Collector, Kollam dated 09.01.2015, Ext.P6 demand notices under the Kerala Revenue Recovery Act were issued to the petitioners.