IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 31314 of 2006(C) -------------------------- PETITIONER: ------------ K.J. ISSAC, S/O.K.J. JACOB, AGED 60, VRINDAVAN HOUSING COLONY, PATTOM, MADATHUVILAKAM VILLAGE, TRIVANDRUM. BY ADV. SRI.G.S.REGHUNATH RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, REVENUE, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, TRIVANDRUM. 3. THE DEPUTY TAHSILDAR (R.R.) KERALA FINANCIAL CORPORATION, TRIVANDRUM. 4. THE KERALA FINANCIAL CORPORATION TRIVANDRUM REP. BY ITS MANAGING DIRECTOR. R4 BY ADV. SRI.L.MOHANAN, SC, KFC R1 TO 3 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE OBJECTION OF THE PETITIONER IN DEMAND NOTICE DT.30.10.2006. P2: TRUE COPY OF PETITION FOR STAY OF PROCEEDINGS FILED BY PETITIONER. P3: TRUE COPY OF DEMAND NOTICE DT.3.11.2004 OF R3. P3(a): TRUE COPY OF ATTACHMENT NOTICE OF R3. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.31314 of 2006 .................................................................... Dated this the 10th day of April, 2008. JUDGMENT Since the dispute raised is only about time bar of the debt, it is for the District Collector to consider petitioner's objection with reference to documents available with KFC and if debt is not time barred, respondents will proceed for recovery. If it is time barred, revenue recovery proceedings will be returned to KFC with the order of the Collector. The Collector should before passing orders hear KFC also on limitation pleaded by the petitioner. Even though counsel for KFC stated that revenue recovery requisition was made in 1984 and the present proceeding is a continuation, it is for the Collector to consider the same. The W.P. is disposed of directing the Collector to pass orders on petitioner's objection before sale of the property is conducted. W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms