The petitioner challenges Ext.P8 notices issued under sections 7 and 34 of the Kerala Revenue Recovery Act. The amount claimed is Rs.20,28,500/-. The amount claimed is purportedly on the basis of requisition given by the respondent authority. The amount is quantified on the allegation that the petitioner had caused loss to the cables belonging to the second respondent while doing pipe laying works for the Kerala Water Authority.
2. In an earlier occasion, when a demand was made the petitioner had approached this Court by filing W.P.(C)No. 35142/2011 and by judgment dated 30.7.2013, the District Collector, Kozhikode was directed to resolve the dispute between the parties. By Ext.P7, the District Collector had expressed his inability to consider the issue. In the meantime, the petitioner had remitted an amount of Rs.5,00,000/- as an interim measure which is recorded in Ext.P3 judgment. Thereafter without any further adjudication the demand had been made by way of Ext.P8 for the entire amount without deducting Rs.5,00,000/-.
3. Heard the learned Government Pleader appearing on W.P.(C)No.25346 of 2014 2 behalf of respondents 1 and 4, the learned standing counsel appearing for the second respondent and the learned standing counsel appearing for the third respondent.
4. Having regard to the factual dispute involved in the case it is clear that the amount now claimed in terms of Ext.P8 has not been quantified in accordance with law. The second respondent is unable to produce any material to show that they have the right to quantify the amount and that the amount claimed has been admitted by the petitioner. Even in a case where there is any damage caused to the cables of the second respondent, they have to get the matter adjudicated by a civil court since the demand has been disputed by the petitioner. When there is no such adjudication, no amount has become due and it shall not be open for them to initiate revenue recovery proceedings. In the result, there is no basis for Ext.P8 and accordingly this writ petition is allowed and Ext.P8 notices issued under sections 7 and 34 of the Kerala Revenue Recovery Act is hereby quashed, without prejudice to the rights of either parties to approach the civil court for appropriate reliefs.
vpv Sd/-
A.M.SHAFFIQUE JUDGE